What Does a Car Accident Lawyer Do?

A car accident lawyer helps you handle everything after a car crash, ensuring you’re not alone during such a stressful time. They take on complicated tasks, from dealing with insurance companies to getting you compensated for your losses.

Their expertise is crucial in managing the legal, financial, and emotional challenges often following a car accident. Taking on the burden of paperwork and negotiations allows you to focus on your recovery.

Investigating the Accident

One of the first things a car accident lawyer does is thoroughly investigate the accident. They gather evidence like police reports, photos from the scene, videos, and witness statements. They also review your medical records to document any injuries from the accident. Sometimes, they might even work with experts who reconstruct the accident to understand exactly what happened and why.

Establishing Liability

After gathering all the evidence, the lawyer analyzes it to determine who was at fault for the accident. They work hard to prove that the other party was careless or reckless, which led to the crash. This can involve pointing out mistakes by other drivers, vehicle owners, or even employers if they’re involved. It’s all about identifying who is responsible and making sure they are held accountable.

Dealing with Insurance Companies

Dealing with insurance companies can be tricky, but car accident lawyers are good at it. They handle all communications with the insurers on your behalf. They have experience evaluating settlement offers and negotiating to get you a fair deal. Their job is to protect you from any tactics the insurance companies might use to try to pay you less than you deserve.

Calculating and Pursuing Compensation

Your lawyer will determine how much money you should get for your damages. This includes costs for medical care, lost wages if you couldn’t work, damage to your car, and even your pain and suffering. They determine the right amount to ask for and will fight to get you that compensation. If the insurance company won’t agree to a fair settlement, your lawyer will take your case to court.

Providing Legal Guidance

Throughout the whole process, your car accident lawyer is there to advise you. They explain all your legal options and the steps involved in your case. They make sure you understand everything and keep you updated as your case progresses. They also help you meet all the necessary legal deadlines, like the statute of limitations for filing a lawsuit.

The Importance of Having a Car Accident Lawyer

If you ever find yourself in a car accident, having a car accident lawyer by your side is crucial. These lawyers do much more than just fill out forms. They investigate what happened, talk on your behalf to get the best settlement possible, and stand up for your rights in court if needed. 

They use their knowledge and skills to ensure you get the money you need to cover your medical bills, car repairs, and lost wages. Their main goal is to look out for you and make this tough time easier by handling the tough legal stuff. With a car accident lawyer, you can focus on getting better while they take care of the rest.

Common Reasons Your Motorcycle Accident Claim Might Be Denied

Common Reasons Your Motorcycle Accident Claim Might Be Denied

As a personal injury attorney with years of experience, I’ve seen many motorcycle accident claims being denied. It’s incredibly frustrating for victims who are already dealing with physical pain and financial stress. The last thing they need is to fight for the compensation they deserve.

Understanding why these claims might be denied can help you avoid common pitfalls and strengthen your case. By knowing the reasons behind claim denials, you can take steps to ensure your claim is solid and stands a better chance of being approved.

I will explain the most common reasons I’ve witnessed for claim denials and offer tips on preventing them so you can focus on your recovery without additional stress.

Lack of Legal Representation

Not having a lawyer can significantly affect the outcome of your motorcycle accident claim. An experienced motorcycle accident attorney can navigate the complex legal landscape, negotiate with insurance companies, and advocate for your rights.

They help gather evidence, file paperwork correctly, and ensure you meet all deadlines. Without a lawyer, you risk making mistakes that could jeopardize your claim, receiving lower compensation, or denying your claim.

How an Attorney Can Help:

  • Navigating Complex Legal Processes: Attorneys understand the legal terminology and procedures, ensuring everything is handled correctly.
  • Negotiating with Insurance Companies: Lawyers negotiate aggressively to secure fair compensation and handle all communications to prevent damaging statements.
  • Gathering Evidence: Attorneys collect and organize crucial evidence, including accident reports, medical records, and witness statements, often working with experts to strengthen your case.
  • Ensuring Timely and Accurate Filing: They ensure all documents are correctly filled out and submitted on time, avoiding delays or denials due to missed deadlines.

Suggestions:

  • Consult Early: Contact an attorney as soon as possible after the accident to start building a strong case from the beginning.
  • Document Everything: Keep detailed records of all accident-related information, including medical treatments and expenses.
  • Follow Legal Advice: Trust your attorney’s guidance throughout the process to avoid common pitfalls and strengthen your claim.

Professional legal support increases your chances of a successful outcome and ensures you receive the compensation you deserve. If you’ve been in a motorcycle accident, consulting with our experienced lawyers can significantly improve your recovery and financial stability.

Lack of Sufficient Evidence

One of the most common reasons for claim denial is insufficient evidence. Insurance companies need clear proof of fault and the extent of damages, including photos of the accident scene, witness statements, and detailed medical records.

Without this evidence, it becomes challenging to establish liability and prove the severity of your injuries.

Suggestions:

  • Gather Evidence Immediately: Take clear photos and videos of the accident scene, damage, and injuries. Collect contact information and statements from witnesses and obtain a copy of the police report.
  • Maintain Medical Records: Seek immediate medical attention, follow up with all treatments, and keep detailed records of your medical bills and doctor’s notes.
  • Work with an Attorney: An experienced motorcycle accident attorney can help you gather and organize evidence, conduct a thorough investigation, and build a strong case to support your claim.

Delayed Medical Treatment

Delaying medical treatment after an accident can severely impact your claim. Insurance companies may argue that your injuries aren’t serious or aren’t related to the accident if there’s a gap between the incident and when you seek medical care. It’s important to get medical attention immediately and follow up consistently. This ensures your health and provides vital documentation for your claim.

Suggestions:

  • Seek Immediate Medical Attention: Go to a hospital or urgent care facility as soon as possible after the accident. Even if you feel fine, some injuries may not immediately show symptoms.
  • Follow-Up with Treatment: Attend all follow-up appointments and adhere to your doctor’s recommendations. Your medical records will document this ongoing care.
  • Keep Detailed Records: Maintain a file with all medical bills, prescriptions, and doctor’s notes. This documentation is crucial for proving the extent and cause of your injuries to the insurance company.

Disputed Liability

Insurance companies often dispute who is at fault in a motorcycle accident. They may use the lack of a clear police report or conflicting witness statements to challenge your claim. This can make it difficult to prove your case and receive your deserved compensation.

Suggestions:

  • Ensure Accurate Police Report: When the police arrive at the scene, they should provide a detailed and accurate account of the accident. Check the report for accuracy and request corrections if necessary.
  • Collect Witness Information: Gather contact information and statements from witnesses at the scene. Their accounts can help support your version of events.
  • Hire an Accident Reconstruction Expert: These professionals can analyze the accident scene, vehicle damage, and other evidence to establish fault. Their expert testimony can be crucial in proving your case.
  • Document Everything: Take photos and videos of the accident scene, including vehicle positions, road conditions, and visible injuries. This evidence can help clarify what happened and support your claim.
  • Consult an Experienced Attorney: An attorney can help navigate disputes over liability, gather additional evidence, and work with experts to strengthen your case.

Policy Exclusions

Understanding the specific exclusions in your insurance policy is essential for preventing claim denials. Insurance policies often have detailed terms and conditions that outline what is and isn’t covered. Some common exclusions include:

  • Unlisted Modifications: If you have modified your motorcycle beyond what is listed in your policy, such as custom parts or performance enhancements, these changes might not be covered in the event of an accident.
  • Non-Covered Activities: Activities such as racing, stunt riding, or using your motorcycle for commercial purposes (like deliveries) might be excluded from coverage.
  • Geographical Exclusions: Some policies may not cover accidents outside a specified geographical area or country.
  • Driver Restrictions: Policies may exclude coverage if someone not listed on the policy is riding your motorcycle at the time of the accident.

Suggestions:

  • Review Your Policy Thoroughly: Carefully read your insurance policy to understand all exclusions and limitations. This will help you know what is covered and avoid activities or modifications that could lead to a denial.
  • Update Your Policy: If you’ve modified your motorcycle or plan to use it for activities that might not be covered, contact your insurance provider to update your policy. This can help ensure that you are adequately covered.
  • Ask Questions: If any part of your policy is unclear, ask your insurance agent for clarification. Understanding your coverage fully can prevent misunderstandings and ensure you’re protected.
  • Keep Documentation: Maintain records of any changes or updates you make to your motorcycle or policy. This documentation can be useful if there is a coverage dispute.

Insurance Company Tactics

Insurance companies often use various tactics to deny or minimize claims, making it challenging for accident victims to receive fair compensation. They might offer low settlements, delay the process, or use confusing legal language to their advantage.

Awareness of these tactics and having legal representation can help counteract these strategies and protect your rights.

Common Tactics Used by Insurance Companies:

  • Offering Low Settlements: Insurance companies often present low initial settlement offers, hoping victims will accept them without realizing the full value of their claim.
  • Delaying the Process: By dragging out the claims process, insurance companies aim to frustrate victims into accepting lower settlements out of desperation.
  • Using Confusing Legal Language: Complicated legal jargon can confuse victims, leading them to make uninformed decisions that negatively impact their claims.
  • Questioning the Severity of Injuries: Insurers may dispute the extent of your injuries, suggesting they are less severe than claimed to reduce the payout.
  • Shifting Blame: Insurance companies might attempt to place some or all of the blame on the victim to diminish their liability and reduce the compensation amount.

How Legal Representation Can Help:

  • Negotiating Fair Settlements: Lawyers have the experience to recognize lowball offers and negotiate for a fair settlement that reflects the true value of your claim.
  • Expediting the Process: Attorneys can push for timely responses and move the claims process forward efficiently, preventing unnecessary delays.
  • Clarifying Legal Terms: An attorney can explain complex legal language and ensure you understand your rights and options.
  • Documenting Injuries: Lawyers can gather and present strong evidence of your injuries, countering insurers’ attempts to downplay their severity.
  • Establishing Fault: Attorneys can gather evidence and construct a solid case to demonstrate the other party’s liability, protecting you from unjust blame.

Navigating Your Motorcycle Accident Claim

Understanding why motorcycle accident claims are often denied can help you build a stronger case. You can improve your chances of a successful claim by gathering sufficient evidence, seeking immediate medical attention, meeting all deadlines, and considering legal representation.

If you’ve been in a motorcycle accident, don’t hesitate to reach out for professional help to guide you through this challenging process. Contact our office today for a free consultation, and let us help you get the compensation you deserve.

The 6 Major Effects of Car Accidents

The 6 Major Effects of Car Accidents

Car accidents can have far-reaching consequences that affect nearly every aspect of a victim’s life. Understanding these impacts is crucial for recognizing the full extent of what victims endure and the importance of seeking appropriate support.

As a personal injury attorney for over twenty years, I have seen firsthand how car accidents can profoundly change lives. We will explore the 6 major effects of car accidents: physical injuries, emotional and psychological impacts, financial burdens, disruptions to daily life and mobility, effects on families and relationships, and, in the most tragic cases, loss of life.

Each section provides insight into victims’ challenges and the necessary steps for recovery and support. Whether you or a loved one has been affected by a car accident, this guide aims to shed light on the comprehensive effects and the importance of seeking help.

1. Physical Injuries from Car Accidents

Car accidents can cause a range of serious physical injuries. Some of the most common include:

  • Broken Bones: The impact from a crash can break bones in your arms, legs, ribs, or other parts of your body.
  • Traumatic Brain Injuries (TBI): These occur when a sudden jolt or blow to the head damages the brain. TBIs can vary from mild concussions to severe brain damage.
  • Spinal Injuries: Injuries to the spine can be very severe, leading to chronic pain, loss of movement, or paralysis.
  • Internal Organ Damage: This includes injuries to internal organs like the liver, spleen, or lungs, which can be life-threatening and often aren’t immediately visible.

Immediate and Long-Term Medical Treatments Required

After an accident, it’s crucial to seek medical attention right away. Some injuries may require immediate treatment, such as setting a broken bone or emergency surgery for internal injuries. Other injuries may need long-term care, like ongoing physical therapy for spinal injuries or rehabilitation for TBIs.

Chronic Pain and Physical Limitations

Injuries from car accidents can lead to chronic pain, which persists over time and can interfere with daily activities. Physical limitations might also occur, affecting one’s ability to perform everyday tasks like walking, lifting, or even sitting for long periods.

Dealing with these physical injuries can be challenging, but getting the proper medical treatment and support can help manage the pain and improve the quality of life. If you or someone you know has been injured in a car accident, it’s important to seek legal and medical help to ensure you get the compensation and care you need.

2. Emotional and Psychological Effects

Car accidents don’t just cause physical injuries; they can also lead to significant emotional and psychological effects. Some common impacts include:

  • Anxiety, Depression, and PTSD: The trauma from an accident can lead to anxiety, depression, and post-traumatic stress disorder (PTSD). Victims might experience constant worry sadness, or relive the accident through flashbacks and nightmares.
  • Long-term Emotional Trauma: Emotional trauma can persist long after physical injuries have healed. This ongoing distress can affect daily life, making it difficult to work, socialize, or enjoy once routine activities.
  • Importance of Seeking Mental Health Support: Addressing these emotional and psychological effects is crucial. Seeking help from mental health professionals, such as therapists or counselors, can provide strategies to cope with the trauma and improve mental well-being.

Recognizing and treating the emotional and psychological impacts of car accidents is essential for a full recovery. If you or someone you know struggles after an accident, don’t hesitate to call our car accident lawyers.

3. Financial Burden

Car accidents can impose a significant financial burden on victims and their families. This economic strain often includes:

  • Medical Expenses and Ongoing Treatment Costs: The cost of emergency care, surgeries, medications, physical therapy, and any necessary long-term treatment can quickly add up, placing a heavy financial burden on accident victims.
  • Lost Wages Due to Inability to Work: Injuries from a car accident may prevent you from working, resulting in lost income. This can create immediate financial stress and, in some cases, long-term economic hardship if the injuries lead to permanent disability.
  • Potential Long-Term Financial Instability: High medical costs and lost wages can lead to long-term financial instability. This might affect your ability to pay bills, maintain your standard of living, or save for the future.

Managing these financial challenges requires a specific approach, including seeking compensation for your losses. Legal assistance can help you receive the financial support necessary to cover medical bills, replace lost income, and secure financial stability.

4. Impact on Daily Life and Mobility

Car accidents can drastically affect a person’s daily life and mobility. The consequences often include:

  • Reduced Ability to Perform Daily Tasks and Participate in Activities: Injuries may limit your ability to perform routine tasks such as cooking, cleaning, or walking. Participating in hobbies and activities you once enjoyed may also become challenging.
  • Possible Need for Mobility Aids and Home Modifications: Depending on the severity of the injuries, you might require mobility aids like wheelchairs, walkers, or crutches. Home modifications such as ramps, handrails, and accessible bathrooms may also be necessary to accommodate your new needs.
  • Long-term Disability and Dependency on Others for Care: Severe injuries can lead to long-term or permanent disability, resulting in dependence on family members or professional caregivers for daily activities and personal care.

5. Effects on Families and Relationships

The impact of a car accident extends beyond the injured individual, affecting their families and relationships. Key effects include:

  • Emotional Strain on Family Members: Family members may experience significant emotional stress as they cope with their loved one’s injuries and recovery process.
  • Need for Family Support and Counseling: Counseling and support groups can help the injured individual and their family members manage their emotional and psychological impact.
  • Impact on Marital and Familial Relationships: The stress and strain of dealing with a severe injury can affect marital and familial relationships, sometimes leading to increased tension and conflicts.

6. Loss of Life

In the most tragic cases, car accidents can result in fatalities, leading to profound consequences for surviving family members:

  • The Tragic Consequence of Fatal Car Accidents: Losing a loved one in a car accident is a devastating experience that brings immense grief and sorrow.
  • Emotional and Financial Toll on Surviving Family Members: Surviving family members face both emotional trauma and financial burdens, such as funeral costs and loss of income.
  • Legal Implications and Pursuit of Wrongful Death Claims: Families may pursue wrongful death claims to seek compensation for their loss. These claims can help cover financial expenses and provide some measure of justice for the deceased.

Addressing these impacts requires comprehensive support, including legal assistance, to navigate the challenges and secure the necessary compensation for recovery and stability.

Understanding the Full Impact of Car Accidents

Car accidents profoundly and multifacetedly impact victims, affecting their physical, emotional, and financial well-being. Through my over 20 years of experience as a personal injury attorney, I have seen how crucial it is to understand these effects.

Physical injuries can lead to chronic pain and long-term disability, while emotional and psychological trauma can persist for years. Financial burdens from medical expenses and lost wages add to the strain, and the impact on daily life, mobility, and family relationships can be substantial. In the most tragic cases, the loss of life leaves an indelible mark on surviving family members.

Recognizing these challenges and seeking support is necessary for recovery. Whether you or a loved one has been affected by a car accident, it’s important to seek professional help to navigate the complexities of the aftermath and secure the support and compensation needed to rebuild your life.

What Makes a Good Personal Injury Lawyer

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What should you look for in a personal injury lawyer after an accident? Finding the right lawyer means choosing someone who is not just a legal expert but a supportive guide during challenging times. A good personal injury lawyer stands out with specific qualities that can significantly affect the outcome of your case. 

With so many lawyers available, it’s essential to understand these key traits to choose someone who aligns well with your needs. We will help you identify what makes a personal injury lawyer great, ensuring you have the best support to navigate the legal landscape and secure justice for your injuries. 

Experience Matters

Choosing a good personal injury lawyer means finding someone with extensive experience handling cases like yours. Such lawyers bring a wealth of knowledge and a proven track record of achieving favorable outcomes for their clients, whether through settlements outside of court or victories in trial settings. 

Specialization in personal injury law is crucial because it ensures that your lawyer is familiar with the general landscape of legal proceedings and deeply understands the specific challenges and nuances of personal injury cases. This specialization allows them to navigate complex legal waters right and advocate effectively on your behalf, increasing the likelihood of a successful resolution to your case.

Investigative Skills

Great personal injury lawyers are much like skilled detectives. They know how important it is to look into every corner and collect all the evidence necessary to build a strong case for you. To ensure that no stone is left unturned, they often collaborate with specialists such as accident reconstruction experts, who can piece together how the accident happened and identify who is at fault. 

This meticulous and detailed approach means that every piece of evidence, whether a small detail or a major clue, is carefully examined and used to strengthen your case. This thorough gathering and analysis of evidence are vital to ensuring you have the best chance of winning your case and getting the compensation you deserve.

Negotiation and Litigation Skills

The ability to negotiate well is key in personal injury law. The best lawyers know how to talk to insurance companies to get fair compensation for you. If a fair deal can’t be reached through negotiation, they’re ready to fight for you in court. They have solid trial experience and know how to argue your case to a judge and jury effectively.

Communication is Key

A good lawyer listens to you carefully and makes sure they understand your side of the story. They can explain complex legal points in simple terms that make sense to you. Also, they keep you updated on the progress of your case. You should never feel left in the dark about what’s happening.

Putting Clients First

The best personal injury lawyers care about more than just winning cases. They understand how your injury affects your life and show genuine compassion. They aim for what’s best for you, not just the quickest or easiest settlement. Plus, they often provide support beyond the courtroom, helping you cope with the emotional impacts of your injury.

Reputation and Ethics

Integrity is crucial. Good lawyers are honest about what they can do for you and the challenges. They have a strong ethical foundation and are respected by their peers and clients. You can usually see their commitment to ethics in their positive client reviews and good standing with the bar association.

Final Words

Choosing the right personal injury lawyer is crucial for the success of your legal case and your overall well-being during a stressful time. Choosing a lawyer who brings a balanced mix of experience, sharp investigative skills, strong negotiation abilities, clear and thoughtful communication, a genuine focus on the client’s needs, and uncompromising ethical standards is essential. 

With such a lawyer by your side, you can focus on your recovery and healing, knowing that the complex and often daunting legal challenges are being expertly managed. This peace of mind is invaluable, as it allows you to minimize stress and focus more on returning to your normal life. A lawyer with these qualities fights for your rights seeks the compensation you deserve, and supports you throughout the process, making your recovery smoother and more assured. 

What Questions to Ask a Personal Injury Lawyer

What Questions to Ask a Personal Injury Lawye

It can feel a bit overwhelming when you need a personal injury lawyer. Finding the right lawyer to help you is very important because they can make a big difference in how much money you might get and how your case is handled. 

Before you pick someone to represent you, you should ask some key questions to ensure they are the right fit for your case.

What Experience Do You Have with Cases Like Mine?

First things first, ask about their experience. It’s crucial to know if the lawyer has handled cases similar to yours. This can give you a good idea of how well they understand your situation and the laws that might affect your case. Every type of personal injury case is different, from car accidents to slips and falls, so having a lawyer who knows the ropes can be a big advantage.

What Are the Possible Outcomes of My Case?

Understanding what could happen in your case helps you set realistic expectations. Ask the lawyer what they think could be the outcome of your case. They should be able to outline the best and worst-case scenarios. This question will also show you how honest and straightforward the lawyer is about the challenges and possibilities of your case.

How Do You Charge for Your Services?

It’s very important to understand how the lawyer will charge you. Most personal injury lawyers work on a “contingency fee” basis, meaning they get paid a part of the money you win from your case, not upfront. Ask about any additional costs you might need to pay, like court fees or charges for gathering documents.

Who Will Handle My Case?

Sometimes, the lawyer you talk to might not be the one who handles your case. Ask who will be your main contact and who will work on your case daily. Knowing who handles your case helps you understand how accessible your lawyer will be for updates and questions.

How Long Will My Case Take to Resolve?

Every case is different, so timing can vary. However, your lawyer should be able to give you a rough timeline based on their experience with similar cases. Knowing the estimated timeline can help you plan and prepare for the future, especially if you are dealing with injuries or financial issues because of your accident.

Making the Right Choice

Choosing the right personal injury lawyer is a critical decision that can significantly affect the outcome of your case. By asking the questions above, you make sure that your legal representation suits your specific needs well. 

This step is key to building a trusting relationship with your lawyer, which is important for navigating the complexities of personal injury law together. A qualified lawyer will answer your questions with clarity, demonstrate genuine concern for your situation, and strongly commit to achieving the best possible results. 

A good lawyer will always be transparent about the process and make sure you feel informed and comfortable every step of the way. When you feel confident in your lawyer’s abilities and ethics, you’ll be better positioned to focus on your recovery and future.

What to Do If an Attorney Won’t Take Your Case

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It can be a real letdown when an attorney decides not to take your case, but knowing this doesn’t mean you’re out of options. There are several reasons why a lawyer might say no, and knowing these reasons can guide you on what to do next. Some lawyers might not handle your type of case, or the legal deadline to file might have passed. 

Others might turn it down if they think it won’t pay off financially or if proving the other person was wrong is too hard. I will explain the common reasons lawyers might decline a case and provide practical steps you can take to keep pursuing your legal rights.

Understanding Common Reasons for Rejection

When an attorney declines your case, it can be for several reasons. Each of these factors can affect whether a lawyer feels they can successfully handle your lawsuit:

  • Statute of Limitations: Each type of case has a legal deadline for when you can file it, known as the statute of limitations. If this time has passed, an attorney cannot pursue your case.
  • Lack of Specialization: Lawyers often specialize in specific areas of law. If your case falls outside their expertise, such as a personal injury lawyer being approached for a bankruptcy case, they may decline to take it.
  • Low Potential Damages: If the possible compensation or damages in a case are too low, a lawyer might not see it as financially viable to pursue, especially if they work on a contingency fee basis.
  • Difficulty Proving Liability: A case can be challenging if it’s hard to prove that the other party was at fault. Lawyers are less likely to take cases where the evidence of liability is not clear or strong.
  • Jurisdictional Issues: If your incident occurred in a location outside the lawyer’s licensed jurisdiction, they might not be able to represent you legally in that state or region.

These reasons highlight the complexities of legal cases and why a lawyer might decide not to take on a particular case. Understanding these can help you find the right lawyer or adjust your expectations and strategy accordingly.

Steps to Take After Rejection

If an attorney says no to your case, don’t give up. There are several things you can do next:

  • Ask for Reasons: Ask the lawyer why they didn’t take your case. This can give you useful information about any problems with your case that you might need to fix.
  • Get a Second Opinion: Different lawyers have different skills and opinions. Try talking to another lawyer to see if they view your case differently and are willing to help.
  • Contact State Bar Association: If you’re unsure where to find another lawyer, your association can help. They can give you the names of lawyers specializing in the legal help you need.
  • Find a Local Lawyer: If your case is from a place different from where you live, you might need a lawyer from that area. Look for a lawyer who can work in the state or region where the incident happened.
  • Consider Other Options: If your case isn’t big or it seems hard to find a lawyer to take it to court, consider other ways to solve it. Mediation or small claims court can be good choices if the money is not very large.

Moving Forward

Being turned away by an attorney might seem like a roadblock, but it can begin a new path in your quest for justice. Understanding why your case was not accepted can provide valuable insights that help you improve your situation or approach. It’s essential to remain persistent and adaptable; the first no isn’t the end of your options. 

Remember that different attorneys have different specialties and perspectives, and what doesn’t fit one lawyer’s criteria might perfectly suit another’s. So, don’t stop here; seek legal advice and explore alternative dispute resolution methods if necessary. By staying proactive and open to different possibilities, you improve your chances of finding the right lawyer to win your case.

What is a Personal Injury Lawyer: Complete Breakdown

what is a personal injury lawyer

What is a Personal Injury Lawyer? A personal injury lawyer is someone who helps people who have been hurt in accidents. Their job is to ensure these people are treated and receive what they deserve.

When someone gets injured, it can be confusing and challenging. That’s where a personal injury lawyer comes in. They understand the law and know how to handle these situations. They work with the injured person to help them through the legal process.

This can include talking to insurance companies, going to court, and ensuring the injured person gets money to cover their medical bills and other costs due to the accident.

Quick Summary

  • Personal Injury Lawyers: Experts in legal representation for those injured due to others’ negligence.
  • Common Injury Cases: Include car accidents, slips and falls, medical malpractice, workplace injuries, defective products, dog bites, and assault cases.
  • Key Responsibilities: Offering legal advice, handling paperwork, negotiating with insurance companies, and representing clients in court.
  • Assistance: Legal guidance, claim evaluation, insurance negotiation, evidence gathering, trial representation, and emotional support.
  • Hiring Benefits: Legal expertise, maximizing compensation, handling complex paperwork, providing objective viewpoints, operating on a contingency fee basis, and ensuring peace of mind.
  • Lawyer vs. Attorney: Personal injury lawyers specialize in injury cases, while attorneys may focus on various legal areas.
  • Choosing the Right Lawyer: Look for specialization, experience, a successful track record, clear communication, and a comfortable personal fit.
  • Conclusion: Personal injury lawyers are crucial for navigating legal challenges, advocating for fair compensation, and promoting justice and safety standards.

Common Types of Injury Cases

Personal injury law covers many different types of accidents and injuries. Here are some common ones:

  1. Car Accidents: When someone gets hurt in a car, truck, or motorcycle accident. Often, these cases involve figuring out who was at fault and how to get compensation for injuries.
  2. Slip and Fall Cases: These happen when someone falls and gets hurt because a place isn’t safe—for example, a wet floor in a store without a warning sign.
  3. Medical Malpractice: A doctor or other healthcare professional makes a mistake, and a patient gets hurt. These cases can be complex, as they involve understanding medical procedures.
  4. Workplace Injuries: These occur when someone gets injured at work. Workers’ compensation laws usually handle these, but sometimes a personal injury lawyer is needed.
  5. Defective Products: If someone is hurt because a product didn’t work right or wasn’t safe, this is called a defective product case. It can involve anything from a faulty car part to a dangerous toy.
  6. Dog Bites: If someone’s dog bites and injures a person, the owner might be responsible for the injury.
  7. Assault and Battery: These are personal injury cases that result from one person intentionally harming another.

Each type of case has its own set of rules and ways to handle it. Personal injury lawyers know these rules well and can help guide their clients through the process.

Key Responsibilities of Personal Injury Lawyers

Personal injury lawyers are critical in helping people who have been hurt. Let’s look at what they typically do:

  1. Understanding the Case: They start by listening to their client’s story and understanding what happened. This means looking at evidence, like photos from an accident scene or medical records.
  2. Giving Legal Advice: They explain the law to their clients. This includes talking about rights, what kind of compensation they might get, and what steps to take next.
  3. Handling Paperwork: Legal cases have a lot of paperwork. Personal injury lawyers take care of this, from filing court papers to handling documents from insurance companies.
  4. Negotiating with Insurance Companies: Often, these lawyers talk to insurance companies to get a fair deal for their clients. They know how to negotiate so their clients get the compensation they deserve.
  5. Representing in Court: Personal injury lawyers represent their clients if a case goes to court. They present the case, argue on their client’s behalf, and work towards a favorable outcome.
  6. Keeping Clients Informed: They keep their clients updated throughout the process. This means explaining what’s happening and what to expect next.

Personal injury lawyers are there to help at every step. They use their knowledge and experience to ensure their clients are treated fairly and get the help they need after injury.

 

what does a personal injury attorney do

How Personal Injury Attorneys Can Assist You

Personal injury attorneys are key allies when dealing with an injury’s aftermath. Here’s how they can help:

  1. Providing Expert Legal Guidance: They know the ins and outs of personal injury law. This means they can give you clear advice on your rights and what actions you can take.
  2. Assessing Your Claim: They’ll evaluate your claim’s strength, estimate how much compensation you might get, and explain the likelihood of success.
  3. Dealing with Insurance Companies: Insurance can be tricky. Personal injury attorneys are skilled in negotiating with insurance companies to ensure you get a fair settlement.
  4. Gathering Evidence: They’ll collect all the necessary evidence to strengthen your case. This could include getting accident reports, speaking to witnesses, or consulting with experts.
  5. Representing You in Court: If your case goes to trial, your attorney will be there to represent you, presenting your case and arguing on your behalf.
  6. Support and Reassurance: Dealing with an injury can be stressful. Your attorney is there to offer support, answer your questions, and guide you through the process.

Personal injury attorneys are crucial in helping you navigate the legal system, advocate for your rights, and aim for the best possible outcome after an injury.

Step-by-Step Process

When you hire a personal injury lawyer, here’s what you can typically expect:

  1. Initial Consultation: Your first meeting with the lawyer is very important. You’ll discuss what happened, share any evidence, and discuss your injuries. This is a chance for the lawyer to understand your case and for you to ask questions.
  2. Case Investigation: The lawyer will investigate your case more thoroughly. They’ll gather more evidence, talk to witnesses, and collect medical records or accident reports.
  3. Filing an Insurance Claim or Lawsuit: Depending on your case, the lawyer might file a claim with an insurance company or a lawsuit. They’ll handle all the paperwork and legal requirements.
  4. Negotiation with Insurance Companies: Before going to court, there’s often a phase where the lawyer tries to negotiate with the insurance company for a fair settlement.
  5. Going to Trial: The case might go to trial if a settlement can’t be reached. The lawyer will represent you here, presenting your case to a judge or jury.
  6. Finalizing the Settlement or Judgment: Your lawyer will finalize everything if the case is resolved through a settlement or court judgment. This includes making sure you get the agreed-upon compensation.
  7. Post-Trial Matters: Sometimes, there are things to take care of, even after a trial or settlement. Your lawyer will help with any final legal or financial matters.

Throughout this process, your lawyer will guide you, explain each step, and help make the journey as smooth as possible.

Reasons Why You Should Hire a Personal Injury Lawyer

Hiring a personal injury lawyer can be a game-changer after injury. Here are some key reasons why:

Expertise in Legal Matters

Personal injury lawyers have the expertise to navigate the complex world of legal procedures and terminology. They understand how to handle the legal aspects of your case, ensuring you don’t have to face this challenge alone.

Maximizing Your Compensation

An experienced lawyer knows the value of your claim and works to get you the highest possible compensation. They consider medical expenses, lost wages, and even emotional trauma while negotiating your claim.

Dealing with Paperwork and Deadlines

Legal cases involve a lot of paperwork and strict deadlines. A personal injury lawyer will manage these details, ensuring everything is filed correctly and on time.

Objective Point of View

After an injury, you might be dealing with pain, frustration, and anger. A lawyer offers an objective perspective and can make decisions in your best interest, unclouded by emotion.

No Win, No Fee Structure

Many personal injury lawyers work on a contingency fee basis. This means you won’t have to pay them unless you win your case, reducing your financial risk.

Advocacy in Trial

If your case goes to trial, a lawyer will represent you, using their skills and experience to advocate.

Peace of Mind

Knowing a professional handles your case lets you focus on recovery, providing peace of mind during a challenging time.

 

what does a personal injury lawyer do

Comparing Personal Injury Lawyers and Attorneys

When seeking legal help after an injury, you might come across the terms “personal injury lawyer” and “attorney.” Here’s what you need to know about the similarities and differences:

Understanding the Terms

  • Personal Injury Lawyer: This type of attorney specializes in cases where someone is injured. They help get compensation for those injuries.
  • Attorney: This term is broader and refers to someone qualified to practice law. It includes a range of legal professionals, not just those specializing in personal injuries.

The Main Similarities

  • Both personal injury lawyers and attorneys have completed law school and passed their bar exam.
  • They can represent clients in court, advise, and file legal complaints.

Key Differences

  • The main difference is their area of specialization. Personal injury lawyers focus specifically on cases related to injuries and accidents.
  • Attorneys might specialize in different areas of law, such as criminal defense, family law, or corporate law.

Choosing the Right One for You

  • If you’re dealing with an injury case, you’ll want to seek out a personal injury lawyer because of their specialized knowledge and experience in handling similar cases.
  • Look for an attorney specializing in the relevant law for other legal issues.

Understanding these roles can help you decide when you need legal assistance.

Selecting the Right Injury Attorney: Tips and Considerations

Choosing the right personal injury attorney can significantly impact the outcome of your case. Here are some tips and considerations to help you make the best choice:

Look for Experience and Specialization

  • Specialization: Ensure the attorney specializes in personal injury law. This area of law is complex and requires specific knowledge.
  • Experience: Consider how long the attorney has been practicing and their experience with cases similar to yours.

Check Their Track Record

  • Success Rate: Look into their history of verdicts and settlements. A good track record in cases similar to yours can be a positive indicator.
  • Client Reviews: Client testimonials and reviews can provide insight into their professionalism and success in handling cases.

Assess Their Communication Skills

  • Responsiveness: Your attorney should be responsive to your communications. They should keep you informed and be available to answer your questions.
  • Clarity: They should be able to explain legal concepts in a way that’s easy to understand.

Consider Their Fees and Payment Structure

  • Contingency Fees: Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case.
  • Understanding Costs: Ensure you understand any potential costs or fees you may be responsible for, even in a contingency arrangement.

Schedule a Consultation

  • Meeting in Person: A face-to-face meeting can help gauge your comfort level with the attorney and their team.
  • Ask Questions: Prepare a list of questions about their experience, your case’s potential outcomes, and the next steps.

Trust Your Instincts

  • After meeting with a potential attorney, consider how comfortable you feel with them handling your case. Trusting your attorney is crucial for a successful partnership.

Selecting the right attorney involves careful consideration and research. Take your time to ensure you find someone who is not only skilled and experienced but also communicates well and aligns with your expectations.

Concluding Thoughts: The Essential Role of Personal Injury Lawyers

Personal injury lawyers serve as important allies in navigating the aftermath of an injury. They provide expert guidance, strong advocacy, and the best chance for fair compensation. Their role extends beyond individual cases, contributing to a broader sense of justice by holding negligent parties accountable and promoting safety standards.

When hiring a personal injury lawyer, prioritize finding someone with expertise, experience, and a personal approach that aligns with your needs. With the right legal support, you can face the legal process confidently and focus on your recovery, knowing your interests are well-represented.

Key Signs You Need a Personal Injury Lawyer

Suffering an injury due to someone else’s negligence can leave you feeling overwhelmed and unsure of your next steps. While not every situation requires legal representation, clear indicators suggest the need for a personal injury lawyer. These professionals are equipped to handle the complexities of legal claims and can guide you through the maze of paperwork and negotiations that follow an injury. 

Understanding the key signs that you might need a personal injury lawyer can help you make an informed decision about protecting your rights and securing the compensation you rightfully deserve. This is especially crucial when the stakes involve your health, finances, and future well-being.

Significant Injuries or Long-term Recovery

If your injury is severe enough to require medical treatment, or if it looks like your recovery will take a long time, it might be time to call a personal injury lawyer. Serious injuries can lead to high medical bills, lost wages, and pain and suffering, which all need to be adequately compensated.

  • High Medical Bills: Medical treatment for injuries, especially severe ones, can be expensive. A lawyer can help ensure that you’re compensated for these costs.
  • Long-term Impact: If your injury affects your ability to work or requires long-term care, a lawyer can help you get compensation for future losses.

Insurance Company Issues

Dealing with insurance companies can be frustrating and confusing. If you feel like the insurance company is not responding, offering you compensation that’s too low, or trying to deny your claim, it’s a sign to consider getting legal help.

  • Low Settlement Offers: Insurance companies often try to settle claims quickly for as little money as possible. A personal injury lawyer can negotiate with these companies to get you a fair settlement.
  • Denial of Claims: If your claim is denied, a lawyer can help you understand why and what you can do about it. They know how to challenge denials and get the compensation you need.

Liability Is Unclear or Multiple Parties Involved

Sometimes, it’s unclear who is at fault for your injuries, or there might be more than one person responsible. These situations can complicate your claim.

  • Disputed Liability: If the other party denies responsibility or blames you for the accident, a lawyer can help prove your case.
  • Multiple Parties: When multiple parties are involved, figuring out who owes what is difficult. A lawyer can handle the complex legal interactions in these cases.

When You Need Legal Guidance

Legal procedures can be hard to understand, mainly if you’ve never dealt with them. If you’re unsure about the legal process or have any questions about your rights, it might be wise to get a professional opinion.

  • Navigating the Law: Personal injury laws vary by state and can be complex. A lawyer can explain how these laws apply to your case.
  • Legal Advice: A good lawyer will fight for your rights and advise you on the best course of action, helping you avoid potential pitfalls.

Conclusion

Recognizing these key signs can help you decide whether you need a personal injury lawyer. It’s important to remember that consulting a lawyer does not automatically mean committing to a lengthy and contentious court battle. Many personal injury cases are settled through negotiation alone, without stepping foot in a courtroom.

Lawyers are skilled in these negotiations and can often secure fair compensation that covers all your medical expenses, lost wages, and pain and suffering. If you face any of these situations, discussing your case with a lawyer is highly beneficial. 

This initial consultation can help you better understand your legal options, the potential strength of your case, and the best strategies to pursue. Hiring a lawyer not only helps you navigate the legal system but also helps you achieve the best possible outcome for your situation.

HAPPY MEMORIAL DAY from Drucker Law Offices, your personal injury law firm

Happy Memorial Day!

According to the National Highway Traffic Safety Administration, fatal car accidents are more likely to happen over Memorial Day Weekend than any other holiday weekend. Additionally, roughly 40% of the accidents occurring on Memorial Day weekend were drunk driving accidents, as the holidays increase the likelihood of consuming alcohol.

If you, a loved one, or a friend were injured in an accident through the weekend, do not hesitate to contact us at Drucker Law Offices.

Key Questions to Ask Before Hiring a Personal Injury Lawyer

When you suffer an injury due to someone else’s negligence, it is practical to consider a personal injury lawyer in Boca Raton. This type of lawyer specializes in securing compensation for expenses like medical bills and lost wages while offering support and guidance through legal proceedings. 

Choosing the right lawyer is essential, as their expertise can significantly impact your case. It is important to find someone who understands the legal landscape and empathizes with your situation. 

Before deciding, arm yourself with key questions to help determine the lawyer’s suitability for your needs, giving you insight into their experience, approach, and dedication to your case.

What Experience Do You Have With My Type of Case?

  • Look for Experience: Not all lawyers handle the same types of cases. Some might be experts in car accidents, while others are better at slip-and-fall incidents. Ask the lawyer about their experience with cases like yours.
  • Check Past Success: It’s also good to know how often the lawyer wins cases. This can give you an idea of how skilled they are in situations similar to yours.

How Do You Charge for Your Services?

Most personal injury lawyers work on a “contingency fee basis.” This means they get paid only if you win your case. Here’s what to ask about the payment:

  • Understand the Fee: Lawyers typically take part of the settlement or court award as their fee, often about 30-40%.
  • Ask About Other Costs: Sometimes, there are other costs, like filing fees or expert witness fees. Find out who pays for these.

Who Will Handle My Case?

Sometimes, the lawyer you talk to might not be the one who handles your case. It’s important to know who will:

  • Meet the Team: Ask to meet the others who will work on your case.
  • Ask About Communication: Find out who to talk to when you have questions and how often you’ll get updates.

Can You Provide References from Past Clients?

Choosing a personal injury lawyer who has successfully helped others can increase your confidence in their ability to handle your case. Asking for references allows you to connect with past clients who can share their personal experiences. This feedback can provide insights into the lawyer’s effectiveness, reliability, and client service. 

Make sure the lawyer is willing to share references and take the time to contact these individuals to ask about their satisfaction with the lawyer’s representation, communication, and results.

What is Your Assessment of My Case?

A good lawyer will be honest about the chances of winning your case and what you might expect regarding a settlement. They should be able to provide:

  • A Clear Explanation: They should clearly explain the strengths and weaknesses of your case.
  • A Possible Outcome: While they can’t predict the future, they should be able to give you an idea based on their experience.

What are the Potential Legal Hurdles in My Case?

Every legal case has its unique challenges, and a skilled personal injury lawyer should be able to identify potential hurdles early on. This question is crucial as it reveals the lawyer’s ability to analyze and foresee complex issues that could arise during your case. 

An honest lawyer will not hesitate to discuss potential difficulties, such as proving liability or damages, which can prepare you for the process and help set realistic expectations.

How Long Will My Case Take?

The time to resolve a personal injury case can vary a lot. Some might take a few months, while others could take years. Here’s what to ask:

  • Timeline: Ask for an estimate of how long your case might take.
  • Factors That Affect Timing: Understand what might make the case longer or shorter.

Choosing the right personal injury lawyer is a big decision. By asking these questions, you can find someone who will work well for you and help you get the best possible outcome. Remember, a good lawyer will happily answer all your questions clearly and honestly.

How Car Accident Lawyers Build Your Case

Getting into a car accident can be a harsh and unsettling experience, leaving you to deal with both physical injuries and the complex legal aftermath. In such challenging times, car accident lawyers become invaluable allies. They step in to navigate the legal labyrinth for you, gathering evidence, dealing with insurance companies, and ensuring your rights are protected so you can concentrate on your recovery. 

These legal professionals are dedicated to building a solid case and advocating for your deserved compensation. Let’s explore how car accident lawyers can assemble your case to secure your rights and help you move forward from the accident.

Understanding the Basics

The initial consultation with your car accident lawyer sets the stage for your case. During this meeting, your lawyer focuses on comprehensively understanding every detail of your accident, which is crucial for building a strong foundation for your legal claim. Here’s how they do it:

  • Gathering Evidence: The first step involves collecting visual proofs such as photos of the accident scene, the damage to your vehicle, and any injuries you sustained. These images serve as crucial evidence to demonstrate the extent of the accident and its impact on you physically and financially.
  • Talking to Witnesses: Witnesses play a key role in accident cases. Anyone who saw what happened can provide a third-party perspective on the events leading up to, during, and after the collision. Your lawyer will interview these witnesses to gather consistent accounts that support your version of the events.
  • Reviewing Police Reports: Police reports are vital as they often include the responding officer’s observations and information gathered at the scene. These reports can contain details about potential law violations, statements from those involved, and a preliminary assessment of fault.

By compiling this information, your lawyer can create a clear and detailed narrative of what happened. This allows them to identify discrepancies or points of contention and determine who might be legally at fault for the accident. 

Analyzing the Laws Involved

Different places have different rules about car accidents. Your lawyer will:

  • Examine Local Laws: They’ll check the laws in your area to see how they affect your case.
  • Determine Fault: Your lawyer will determine who is responsible for the accident based on the evidence.
  • Assess Your Damages: Look at your medical bills, car repairs, and lost wages from missing work.

This step is crucial because it sets the foundation for your case.

Negotiating with Insurance Companies

One of the trickiest parts of a car accident case is dealing with insurance companies. Your lawyer will handle:

  • Communicating with Adjusters: They’ll talk to the insurance people so you don’t have to.
  • Presenting Your Case: Your lawyer will show your evidence and explain why you deserve compensation.
  • Negotiating a Fair Settlement: They aim to get a deal that covers all your costs and compensates you for the trouble.

This process can take some time, but your lawyer will make it as smooth as possible.

Preparing for Possible Court

If the insurance company doesn’t offer a fair settlement, your lawyer might suggest going to court. Here’s what they do:

  • Building a Strong Argument: They’ll put together all the facts and evidence in a way that is easy to understand.
  • Preparing You for Testimony: If you must speak in court, they’ll help you prepare.
  • Representing You: Your lawyer will speak for you and ensure your story is heard.

Going to court can be daunting, but with a good lawyer, you’ll be well-prepared.

Final Thoughts

Car accident lawyers are vital in helping you navigate the challenges after an accident. They work hard to gather evidence, understand the laws, negotiate with insurance companies, and even fight for you in court. You can focus on healing with their expertise while they handle the legal details.

A good car accident lawyer is your advocate and partner through this tough time. If you ever find yourself in a car accident, knowing how a lawyer can help you build your case is the first step towards getting the support you need.

Common Mistakes to Avoid in Personal Injury Lawsuits

When you’re involved in a personal injury lawsuit, you’re navigating a challenging and often treacherous path. A single misstep can have serious repercussions, potentially weakening your case or leading to its complete dismissal. 

We provide practical, straightforward advice to support your position and ensure that you stand the best possible chance of securing the full compensation you deserve for your injuries and the losses you’ve incurred. 

By highlighting these common errors and outlining strategies to avoid them, we aim to empower you with the knowledge necessary to navigate your lawsuit with confidence and success.

Not Seeking Immediate Medical Attention

One of the biggest mistakes in personal injury cases is not getting medical help right after the accident. Even if you feel fine or think your injuries are minor, seeing a doctor is critical. Medical records play a key role in personal injury lawsuits as they provide concrete evidence of your injuries. 

Without this documentation, it becomes much harder to prove that your injuries are serious and were caused by the accident. Always prioritize your health, and at the same time, secure the medical evidence that your lawyer can use to support your claim.

Failing to Document Everything

After an accident, your memory of the event can fade quickly. That’s why it’s essential to document everything related to your injury and the accident as soon as possible. This includes taking pictures of the accident scene, your injuries, and any property damage. 

Also, keep a diary detailing your daily pain levels, emotional state, and how the injuries impact your everyday life. Don’t forget to save all receipts and records of expenses related to the injury, such as medical bills, repair costs, and other related expenses. This documentation will help your lawyer paint a clear picture of the accident’s impact on your life.

Settling Too Quickly

One of the temptations many face after an accident is to settle their claim quickly. Insurance companies often offer a settlement soon after an incident, hoping you will accept before fully understanding the extent of your injuries and the long-term impact they may have. 

Accepting an early offer can mean settling for much less than you might need for future medical treatments, lost wages, and other costs that can pile up over time. It’s important to consult with your lawyer and ensure all potential costs are accounted for before agreeing to any settlement.

Underestimating the Importance of Legal Advice

Trying to handle a personal injury claim on your own can be daunting, especially if you are unfamiliar with legal procedures and terms. Some might think they can save money by not hiring a lawyer, but this often ends in receiving less compensation than deserved, or worse, no compensation. 

A skilled personal injury lawyer can navigate the legal complexities, negotiate with insurance companies on your behalf, and fight for your rights in court if necessary. They understand how to value a claim correctly and can significantly increase the amount of compensation you receive.

Ignoring Lawyer’s Advice

Once you have a lawyer, it’s crucial to follow their advice. Your lawyer knows the best strategies for your case, and ignoring their recommendations can harm your claim. Whether it’s about how to communicate with insurance companies or whether to accept a settlement offer, your lawyer’s advice is based on their expertise and experience with similar cases. You hired them to protect your interests, so trust their guidance.

By avoiding these common mistakes, you strengthen your personal injury lawsuit and improve your chances of obtaining the compensation you deserve. Whether it’s through detailed documentation, resisting the urge to settle prematurely, or heeding professional legal advice, each step is crucial in effectively navigating the complexities of personal injury claims.

HAPPY ST. PATRICK’S DAY, your personal injury firm

St. Patrick’s Day has become one of the most popular holidays in the United States and one of the most dangerous. St. Patrick’s Day is the third- biggest drinking holiday in the US.

St. Patrick’s Day by the numbers

  • In 2018, 73 people were killed in drunk driving accidents over St. Patrick’s Day
  • Beer sales increase by 174 percent on St. Patrick’s Day
  • 33% of pedestrians who died on St. Patrick’s Day had a blood alcohol level over .08
  • 69% of St. Patrick’s Day crash fatalities take place between midnight and 6 am

Common St. Patrick’s Day accidents are car accident but also

  • Car accidents involving a car crash with another vehicle, crashing into property, or crashing into pedestrians.
  •  Physical altercations due to over-consumption accidents and injuries

I Was on A Highway and A Car Swerved Lanes, Causing an Accident Where I Was Injured, but The Car Continued and Was Never Located; Do I Have a Case?

The primary issue in today’s question deals with a hit a run driver.  Generally, in a lawsuit, you must have someone to sue.  Here, the person that caused the accident fled the scene and was never located.  That phantom vehicle is the cause of the accident and resulting injuries.

Under Florida law, uninsured motorist coverage generally covers situations where the other driver does not have insurance, does not have enough insurance or hit and run scenarios, like the one described in the question above.  Thus, if there is uninsured motorist coverage available to the person who was injured in this accident, there very well may be a case.

First of all, if the vehicle that you were in at the time of the accident has uninsured motorist, whether this is your car or not, then generally that uninsured motorist coverage will apply to you.  Secondly, your own uninsured motorist coverage, whether you are in your car or not, will apply to you, generally.  Thirdly, if you live with a relative that has uninsured motorist coverage, then generally this insurance may also cover you.  Uninsured motorist coverage is contractual and the policy or policies must be read to determine whether coverage exists.

Of course, every case is different and has to be judged based on the facts of the case. The advice in this blog is intended to be general in nature. The advice should not to be construed as specific advice for your case, as the most slight difference in the facts could ultimately change the result. Also, this blog is based on Florida law and the laws of any other states or country could vary significantly from Florida.

How does comparative fault affect my case when both parties are at fault?

It is important to understand that in Florida the negligence laws include comparative fault. Under comparative fault laws, a jury can apportion fault between all parties (and even non-parties) to the lawsuit.

Florida had been a pure comparative negligence state for many years until March 24, 2023. That is when Governor Ron DeSantis signed into law one of the most significant tort reform bills in Florida History. Section 768.81, Florida Statute was amended to change comparative negligence in Florida to a modified comparative negligence standard, rather than pure comparative negligence. It did so by adding subsection (6) to the statute as follows:

What is the new addition to the statute?

(6) Greater percentage of fault- In a negligence action to which this section applies, any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages.

In other words, if the plaintiff is found to be more than 50% at fault, the plaintiff cannot recover any damages.  As previously under the pure comparative negligence standard, even if a plaintiff was found to be more than 50% liable for his or her own negligence, say 55% for example, the plaintiff’s damages would be reduced by 55%, but the plaintiff could still recover from the defendant for the other 45% of the plaintiff’s damages.  Now, in that same example under a modified comparative negligence, the plaintiff could not recover any of the plaintiff’s damages, even though the defendant was 45% responsible for plaintiff’s damages.

Does Comparative negligence apply to slip and falls?

The same analysis would apply in a trip and fall or slip and fall case.  IF the jury finds that the supermarket is at fault for the accident but also finds the plaintiff to be at fault for not seeing the hazard for example and finds that the plaintiff’s fault exceeds 50 percent, the plaintiff can make no recovery against the supermarket.

So, while in most cases the law remains that fault is apportioned between the parties, now based on the new law if the plaintiff is found more than 50 percent at fault, he or she recovers nothing.

Quick questions with quick answers in Florida personal injury cases: What do I do to get treatment in a car accident if I do not have health insurance?

Florida has No Fault laws which means that everyone that owns a car must carry the no fault coverage which is called personal injury protection or PIP. That insurance pays for 80 percent of your medical bills up to $10,000. Thus, in a car accident case, the PIP coverage generally acts like a health insurance and pays your medical bills at 80 percent up to $10,000.

If you have any further questions about this topic, please feel free to call the accident attorney at Drucker Law Offices. If you have been in a car accident and believe the other vehicle is at fault, please feel free to call the accident attorney at Drucker Law Offices, which is attorney Gary J. Drucker.  At Drucker law offices, there is a free consultation with the injury lawyer who will discuss your case with you.  Mr. Drucker gives his cellular phone to all the clients as his belief is that “personal injury deserves personal attention.”  And of course, there is no fee unless you recover money in your accident case.

HAPPY VALENTINES DAY from DRUCKER LAW OFFICES, your personal injury law firm

HAPPY VALENTINES DAY!

Valentine’s Day is a special day to celebrate love and affection, but it is also a day of accidents and emergencies.

Slip, Trips and Falls: Faulty stairs, inclement weather, loose or worn carpeting, spilled beverages, poor lighting, cracks or potholes in the pavement all pose as hazards that can ruin your night.

Restaurants are one of the most popular places to be on Valentine’s Day and it is not uncommon for accidents to occur on such busy days. Be mindful of where you walk and what is going on around you.

Car accidents: Car accidents on Valentine’s Day are all too common. whether you plan to just take your loved one for a drive out on the town or to dinner, it is always important to remain focused on the road.

Also, always remember to not drink and drive, if you plan on going out to celebrate, be sure to arrange a designated driver before leaving home.

 

Nobody wants their special night ruined with accidents or injuries. These tips and tricks can help you keep you and your loved ones safe and happy. If an accident or injury does occur, it is important you contact Drucker Law Offices to discuss your accident.

 

 

 

SUPER BOWL LVII SUNDAY

The Super Bowl of accidents

Super Bowl Sunday brings family, friends, and neighborhoods together to watch in suspense the game of the year. But Super Bowl Sunday also is one of the most dangerous days to be on the road in the United States.

In states that are neutral, meaning that no team is home to this state, the accidents climb, on average by 46%. And from 2009-2013 there were 294 injuries and victims of fatal car crashes for Super Bowl Sundays, compared to 166 on a ” normal” Sunday, without any event. The Average BAC on Super Bowl Sunday was .91 while the legal BAC while driving is .08, and research shows signs of impairment can kick in at much lower BAC.

Other holidays average BAC

  • New Years Eve .94%
  • St. Patrick’s Day .94%
  • Cinco De Mayo .9%
  • Valentines Day .92%

And just because you may not be drinking does not mean other people on the road have not. All it takes is one person to ruin their life and another’s. UBER conducted a report that estimated “nearly 300,000 people drive drunk every day” and that ” every 52 minutes someone is killed in a drunk driving crash.” The worst time to drive during Super Bowl Sunday is the hour following the game, the accident rate jumps as high as seventy percent. A drop of ten percent in the rate for accidents occurs during the game itself, likely because fewer people are driving at this time.

If you are unfortunate enough to be a victim who was injured due to an accident on Super Bowl Sunday, please call our offices and we will help you through this.

 

 

Maximize Your Slip & Fall Settlement: Boca Raton Lawyer Tips

Always document your accident and injuries to get the max from your slip and fall settlement in Boca Raton.

Also, working with a local lawyer who knows about slip and fall cases is essential.

Understanding Slip and Fall Settlements

You may have a case when you’re hurt because someone else didn’t take care of their property.

Every slip-and-fall situation is different, so there’s no standard settlement amount. How much you can get depends on your unique situation.

10 Tips to Max Slip & Fall Settlement in Boca Raton

If you’ve experienced a slip and fall accident in Boca Raton, obtaining the settlement you deserve is vital for covering your medical expenses and compensating for any pain and suffering.

Navigating the legal landscape can be challenging, but with the right strategies, you can enhance the potential of your claim.

Here are 10 crucial tips to help you maximize your slip-and-fall settlement.

1. Document Everything Immediately

When a slip and fall incident occurs, take detailed photographs of the accident scene and your injuries. Note any conditions (like wet floors, uneven surfaces, or lack of signage) that contributed to the accident.

2. Seek Medical Attention

Get medical treatment immediately following your accident. This ensures your well-being and provides medical records as vital evidence for your claim.

3. Report the Accident

Notify the property owner or manager where the accident occurred. Ensure this is done in writing, and keep a copy of the report for your records.

4. Gather Witness Information

If there were any witnesses to your fall, collect their names and contact information. Witness statements can be crucial in supporting your claim.

5. Keep a Symptom Diary

Record your daily pain levels, challenges you face due to your injuries, and how they affect your everyday life. This diary can be used to prove the impact of your injuries.

6. Save All Receipts and Bills

Keep all medical bills, medication receipts, and any other expenses related to your injury. These documents are essential for calculating economic damages.

7. Avoid Social Media

Refrain from discussing or posting about your accident on social media. Insurance companies and defense attorneys might use your posts to dispute your claim.

8. Understand Comparative Negligence

Be aware of Florida’s comparative negligence laws, which can reduce your compensation if you’re at fault for the accident.

9. Consult with a Boca Raton Slip and Fall Lawyer

Engage a lawyer specializing in Boca Raton slip and fall cases. They understand local laws and can provide tailored advice to maximize your settlement.

10. Don’t Accept Initial Settlement Offers Without Consulting Your Lawyer

Insurance companies often offer quick settlements less than you may be entitled to. Always consult with your lawyer before accepting any offers.

Factors Affecting Your Settlement

When you have a slip-and-fall accident, the money you get from a settlement helps cover what you’ve lost because of the injury.

In Florida, this money can include costs like medical bills and lost wages and things like pain and suffering, which don’t have a specific price.

The amount you can get depends on many things. Here are some essential factors that can change how much your settlement might be.

  • Severity of Injuries: The more serious your injuries are, the higher your potential settlement. Severe injuries often lead to larger medical bills and longer recovery times, increasing compensation.
  • Medical Expenses: All costs related to your medical treatment, including hospital stays, medications, surgeries, and any future medical care, play a significant role in determining your settlement value.
  • Lost Wages: If your injuries prevent you from working, the income you fail during this period is considered. This includes not your current lost earnings but any potential future lost pay due to the long-term effects of the injury.
  • Pain and Suffering: This non-economic damage covers the physical and emotional distress caused by the accident. While more challenging to quantify, pain and suffering can increase a settlement, especially in cases of chronic pain or psychological trauma.
  • Impact on Quality of Life: If your injuries result in a diminished quality of life, such as an inability to engage in hobbies or activities you once enjoyed, this can be factored into your settlement.
  • Degree of Negligence: The settlement may vary depending on whether the property owner’s negligence was a significant factor in the accident. The more the owner’s negligence can be established, the better the potential settlement.
  • Comparative Negligence: If you are found partly responsible for the accident in Florida, it can reduce your settlement. The extent of your contribution to the accident is taken into account.
  • Insurance Policy Limits: The property owner’s insurance policy limits can affect your settlement. If the policy has high limits, there may be more room for a larger settlement.

Common Causes of Slip and Fall Accidents

Slip and fall accidents are common and can happen anywhere, often due to preventable hazards.

Understanding the typical causes of these accidents is critical to recognizing and preventing them, as they range from natural elements like icy paths to human oversights like inadequate warning signs.

  • Icy or Snow-Covered Paths: In colder climates or during winter, pathways can become slippery due to ice or snow. Property owners must salt, sand, or clear these paths to prevent accidents.
  • Overgrown Walkways: When paths are overgrown with vegetation, they can hide potential hazards like uneven surfaces or hidden obstacles, increasing the risk of tripping and falling.
  • Maintained Stairs: Stairs in disrepair, such as broken steps, loose railings, or uneven risers, can cause someone to lose their footing and fall.
  • Lack of Adequate Warning Signs: When hazards like wet floors or ongoing construction are not marked with warning signs, unsuspecting individuals may not be aware of the potential danger, leading to falls.
  • Cluttered Floors: Spaces cluttered with objects, such as boxes in store aisles or loose cables in an office, create tripping hazards that can cause slip-and-fall accidents.
  • Spills and Wet Surfaces: Liquid spills or mopped floors without proper signage can be slippery, leading to falls, especially in public areas like supermarkets or malls.
  • Poor Lighting: lit areas can make it difficult to see potential hazards on the ground, increasing the risk of tripping or slipping.
  • Uneven or Damaged Flooring: Surfaces with cracks, holes, or uneven tiles can cause an individual to trip and fall if these flaws are not visible.
  • Inadequate Handrails: The absence or inadequacy of handrails, especially in areas like staircases and ramps, can lead to falls, as there is less support for balance and safety.
  • Weather-Related Hazards: In addition to ice and snow, weather conditions like rain can create slippery conditions outdoors or cause people to track water indoors, leading to slippery floors.

How Your Actions Affect Your Settlement

If you’re partly to blame for your accident, it can change your settlement amount in Florida. For example, if you weren’t paying attention when you fell, this might reduce the money you can get.

Why Choose a Boca Raton Lawyer

A good slip-and-fall lawyer in Boca Raton can help. They can prove that the other person was responsible and calculate your damages. With their help, you’re more likely to get a higher settlement.

A local lawyer understands Florida’s laws and courts. They also know the common causes of accidents in the area and can use this knowledge to strengthen your case.

Final Thoughts

Remember, every slip and fall case is different. A skilled lawyer can help you understand what your case might be worth and work to get you the best possible settlement.

Stay informed, gather evidence, and get the right legal help to maximize your settlement in a slip-and-fall case in Boca Raton.

The Role of Technology in Proving Liability in Uber and Lyft Accidents

Technology is key in determining who is at fault in Uber and Lyft accidents. This is because ridesharing apps collect important information, like where the car went, how fast it was going, and how long the trip took.

This information helps determine how an accident happened and who is responsible, especially when the driver is distracted.

Also, using smartphones in these ridesharing services provides more helpful evidence. GPS tracking, records of the driver’s activities, and messages between drivers and passengers are beneficial for legal cases and insurance claims.

Revolutionizing Transportation with Technology

Uber and Lyft have transformed the transportation landscape by leveraging smartphone technology. Their apps make it easy for passengers to find rides with a few phone taps. This convenience comes with its challenges.

One significant issue is the increased distracted driving among Uber and Lyft drivers, who often rely on their smartphones for navigation and ride requests.

The Problem of Distracted Driving

Distracted driving has become a leading cause of accidents in the ridesharing industry. Drivers focused on their smartphones may not pay full attention to the road, leading to accidents. This situation particularly concerns Uber and Lyft, where technology is integral to their service.

Tracking Rides and Proving Liability

When an accident occurs involving an Uber or Lyft vehicle, the technology used by these services becomes a key tool in proving liability.

The ridesharing apps track the entire journey, including the route taken, speed, and trip time. This data can be crucial in reconstructing the accident and determining who is at fault.

Insurance Coverage by Ridesharing Companies

Uber and Lyft provide insurance coverage for their drivers and passengers. This coverage includes liability of up to $1 million for injuries and property damage in an accident.

This is a significant amount, ensuring that victims of rideshare accidents are not left without recourse for compensation.

The Rise in Ridesharing Accidents

With the increasing popularity of Uber and Lyft, there has been a corresponding rise in the number of accidents involving these services. This trend underscores the importance of understanding the available legal options and insurance coverage.

The data collected by ridesharing apps can be a powerful tool in legal proceedings related to these accidents.

Legal Implications of Ridesharing Accidents

The legal landscape surrounding Uber and Lyft accidents is complex. Determining liability can be challenging, especially when the technological aspects of these services are considered.

Lawyers and insurance companies often rely on the data collected by the ridesharing apps to build their cases.

Technology as Evidence

In the aftermath of an Uber or Lyft accident, the data from the ridesharing app can serve as critical evidence. This includes GPS tracking, driver logs, and the driver’s and passenger’s communication records. Such information can provide a clear picture of the events leading up to the accident.

The Role of Smartphones

Smartphones are at the heart of the ridesharing experience. They are used by drivers for navigation and communication and by passengers for hailing rides. In an accident, the information on these smartphones can be instrumental in proving liability.

Challenges in Data Collection and Privacy

While the data from ridesharing apps can be invaluable in proving liability, collecting this information poses challenges.

Privacy concerns and the protection of personal data are significant issues.

Both Uber and Lyft have policies to address these concerns, but they must balance privacy with the need to provide information for legal purposes.

The Future of Ridesharing and Technology

As technology evolves, so will the methods used to determine liability in Uber and Lyft accidents.

Advanced data analytics, artificial intelligence, and improved GPS tracking are some technologies that could play a role in the future.

Conclusion

The role of technology in proving liability in Uber and Lyft accidents is undeniable. The data collected by these ridesharing apps provides a wealth of information that can be used to determine fault in the event of an accident.

As the use of Uber and Lyft continues to grow, understanding the technological and legal implications of these services becomes important.

The future of ridesharing safety will rely on the continued advancement and responsible use of technology.

Insurance Challenges for Moped Riders in Lake Worth

Moped riders in Lake Worth face insurance challenges like finding policies that cover their specific needs and dealing with higher costs due to mopeds being considered high-risk vehicles.

They also have to navigate the legal requirements for insurance coverage, which can differ from those for cars.

Florida’s Legal Stance on Mopeds and Scooters

The law treats mopeds and scooters from motorcycles regarding insurance requirements in Florida. While motorcycle riders are required to have insurance, this is not the case for mopeds or scooters.

This legal difference results in a significant number of moped and scooter riders traveling on the roads without any form of insurance coverage. This lack of mandatory insurance coverage for these vehicles can create complications.

For instance, if a moped or scooter rider is involved in an accident, the absence of insurance can lead to challenges in covering damages or medical expenses.

This situation affects the riders and poses potential risks and financial burdens to others involved in such incidents. Therefore, while it’s not required, obtaining insurance coverage is wise for moped and scooter riders in Florida to mitigate these risks.

The Importance of Insurance Coverage

Insurance is like a safety net for life’s unexpected events. It helps us handle high costs from accidents, health problems, or damage to our things.

It’s not about being ready for the bad stuff, though. Insurance also gives us peace of mind, making us feel secure.

Insurance covers many essential areas, from caring for our health to protecting our homes and cars and ensuring our families are okay if something happens to us.

Here are some key reasons why having insurance is so important:

  • Financial Protection Against Unexpected Events: Insurance provides a safety net for unforeseen circumstances such as accidents, illness, or property damage. It helps cover costs that could otherwise be devastating.
  • Legal Requirement for Certain Insurances: Some types of insurance, like auto and homeowners insurance, are often legally required. This ensures that individuals can cover the costs associated with damages or injuries they may cause to others.
  • Access to Health Care: Health insurance is crucial for accessing necessary medical treatments without prohibitive costs. It covers expenses like doctor visits, hospital stays, and prescriptions.
  • Asset Protection: Insurance policies like home, auto, and renters insurance safeguard your valuable assets. They provide funds for repair or replacement in case of theft, damage, or other covered losses.
  • Peace of Mind: Having insurance brings mental comfort, knowing that you and your assets are protected. This peace of mind is invaluable, especially during times of crisis.
  • Risk Management Tool for Businesses: Insurance is essential for managing risks. It covers losses due to events like lawsuits, property damage, and business interruptions.
  • Support for Families After Loss: Life insurance is critical in providing financial security for your family during your death. It can cover funeral costs and provide ongoing financial support.
  • Requirement for Loans and Mortgages: Lenders often require insurance (like homeowners insurance) to protect their investment in your property. This is a condition for obtaining a mortgage or loan.

Moped Accident Claim Complications

Moped and scooter accidents can lead to complex insurance and legal issues. Unlike car accidents, where insurance and laws are more straightforward, moped accidents bring unique challenges.

These can include different insurance requirements and tricky legal situations. Understanding these factors is critical to handling a moped accident claim.

Here are some key aspects that can complicate moped and scooter accident claims:

Varying Insurance Coverage

Mopeds and scooters often have different insurance requirements than cars. Moped riders aren’t required to have insurance in many places, which can lead to complications if they’re involved in an accident. This absence of mandated insurance means there might be limited or no coverage for damages and injuries.

Legal Challenges

The laws governing mopeds and scooters can vary from those for cars. Understanding these legal distinctions is crucial for navigating an accident claim. This includes differences in licensing requirements, road usage rules, and accident liability.

Establishing Liability

Determining who is at fault in a moped or scooter accident can be more complex. Factors like the moped’s smaller size and less visibility on the road can influence how liability is determined, complicating the claims process.

Injury Severity and Compensation

Moped and scooter riders are more exposed and vulnerable to accidents, often leading to more severe injuries. This raises the stakes regarding compensation for medical bills, pain, and suffering, making the claim process more contentious.

Underinsured or Uninsured Motorist Issues

If the moped rider is not insured and is hit by an underinsured or uninsured motorist, getting compensation can be particularly challenging. Riders may rely on their health insurance or personal funds to cover expenses.

Complex Negotiations

Without the clear-cut insurance policies accompanying car accidents, negotiations in moped accident claims can become more intricate. This often requires detailed legal knowledge and negotiation skills to navigate.

Differing State Laws

Each state has laws and regulations regarding mopeds and scooters, including insurance requirements and rider responsibilities. These varying laws can further complicate the claims process, especially if the accident involves parties from different states.

Types of Injuries in Accidents

Riders can suffer serious injuries in accidents, including road rash, broken bones, head and spinal cord injuries.

These injuries can lead to significant medical expenses, making the lack of insurance coverage a serious concern.

Common Accident Causes

Mopeds and scooters are vulnerable to road hazards, door strikes, and collisions with other vehicles. These incidents often happen, leaving riders with little time to react and avoid injury.

Gathering Evidence Post-Accident

Collecting evidence, like photos of the scene and witness statements, is crucial if you’re in a moped or scooter accident. This information can be vital for any insurance claims or legal proceedings.

The Role of Personal Injury Lawyers

Navigating the aftermath of a moped or scooter accident can be daunting.

An experienced personal injury lawyer can help you understand the legal and insurance complexities, ensuring you’re compensated for damages like medical bills, lost wages, and pain and suffering.

The Issue of Personal Injury Protection Coverage

One primary concern for moped riders in Florida is the lack of personal injury protection (PIP) coverage.

If injured in an accident, this can expose riders since PIP coverage covers medical expenses regardless of who’s at fault.

Registration Requirements in Florida

All scooters must be titled and registered in Florida, but this is not always true for mopeds.

This difference in regulation can lead to confusion about legal and insurance requirements for moped riders.

Safety and Financial Protection Measures

Though helmets and insurance aren’t mandatory for moped riders in Florida, they are recommended.

Wearing a helmet can reduce the risk of serious injury, while insurance can provide financial protection in an accident.

Factors Affecting Insurance Costs

Choosing the right insurance for your moped or scooter is essential. The insurance cost can change based on several things, like your age, how well you ride, where you live, and the kind of insurance you want.

Let’s look at these factors in detail to help you understand how they affect what you pay for insurance. Here are the key things to think about:

  • Rider’s Age: Insurance companies often consider younger riders riskier, leading to higher premiums. Older, more experienced riders enjoy lower rates due to their perceived lower risk.
  • Driving Experience: A rider’s experience on the road impacts insurance costs. More experienced riders are less likely to be involved in accidents, resulting in lower insurance rates.
  • Location: The area where a rider lives and rides affects insurance premiums. High-traffic urban areas with higher accident rates generally lead to higher insurance costs than rural, low-traffic locations.
  • Desired Coverage: The level of coverage chosen influences insurance costs. Basic liability coverage, which covers damage to others but not the rider’s own moped or scooter, is cheaper than comprehensive coverage, which offers more protection.
  • Vehicle Type and Value: The moped or scooter’s make, model, and value also play a role. Higher-value or high-performance models cost more to insure due to higher replacement or repair costs.
  • Claims History: Riders with a history of insurance claims may face higher premiums as they are viewed as higher risk. A clean claims history can lead to more favorable insurance rates.
  • Safety Features and Anti-Theft Devices: Mopeds or scooters equipped with safety features or anti-theft devices can attract lower insurance rates, as they reduce the risk of accidents or theft.
  • Riding Frequency: How often the moped or scooter is used can also impact insurance costs. Occasional riders might pay less compared to those who use their vehicles as their primary mode of transportation.

Conclusion

Understanding and navigating the insurance landscape is crucial for moped riders in Lake Worth. Although Florida law doesn’t require insurance for these vehicles, having coverage is wise for financial and personal safety.

Whether dealing with accident claims, understanding legal requirements, or choosing the right insurance policy, being informed and prepared is critical to enjoying the benefits of moped riding while mitigating its risks.

How Boca Raton Lawyers Secure Compensation for Drunk Driving Victims

Boca Raton lawyers secure compensation for drunk driving victims by expertly navigating the legal system, focusing on proving the negligence of the impaired driver.

They engage in rigorous negotiations with insurance companies to ensure victims receive fair settlements covering their losses and damages.

These attorneys are prepared to litigate in court, presenting compelling evidence and arguments to secure the deserved compensation when necessary.

Throughout this process, they provide comprehensive legal and emotional support to the victims, addressing both their legal and personal needs in the aftermath of the accident.

The Impact of Drunk Driving Accidents

Drunk driving accidents often result in severe injuries, emotional trauma, and sometimes, fatalities. These incidents affect the victims and their families, who may face financial strain due to medical bills, loss of income, and other related expenses.

In Boca Raton, like many other places, victims of drunk driving accidents are eligible for compensation to cover these losses. This legal provision is vital in helping them rebuild their lives after such a traumatic experience.

The Role of Boca Raton Lawyers

Boca Raton lawyers specializing in drunk driving accidents are dedicated to helping victims navigate the complex legal process. They understand the intricacies of the law and are adept at handling cases involving impaired motorists.

These attorneys are instrumental in overcoming the various legal hurdles that can arise in drunk driving cases.

Legal Expertise and Strategy

These lawyers possess a deep understanding of the laws surrounding DUI accidents. They use this knowledge to develop effective legal strategies tailored to each case.

By meticulously analyzing accident reports, medical records, and other evidence, they build strong cases for their clients.

Negotiating with Insurance Companies

Insurance companies often play a significant role in compensation cases. Boca Raton lawyers are skilled negotiators adept at dealing with insurance adjusters. They work tirelessly to ensure their clients receive fair settlements that cover their damages and losses.

Litigation and Trial Representation

If a fair settlement cannot be reached through negotiation, these attorneys are prepared to take the case to court. They are experienced in litigating drunk driving cases and are committed to representing their client’s interests in trial. This includes presenting evidence effectively and arguing for the maximum compensation possible.

Overcoming Legal Hurdles

Victims of drunk driving accidents often face numerous legal challenges. Boca Raton lawyers are proficient in handling these obstacles, ensuring their clients’ rights are protected.

Some of these hurdles include proving the drunk driver’s negligence, dealing with complex insurance policies, and navigating the intricacies of personal injury law.

Proving Liability

One of the key aspects of securing compensation is proving the drunk driver’s liability. Lawyers in Boca Raton meticulously gather and present evidence to establish fault. This can include police reports, witness statements, and expert testimony.

Dealing with Insurance

Insurance companies can be difficult to deal with, often attempting to minimize payouts.

Experienced lawyers are familiar with these tactics and work to negotiate the best possible settlement for their clients. They ensure that all relevant damages, including medical expenses, lost wages, and pain and suffering, are adequately compensated.

Personal Injury Law

Understanding personal injury law is crucial in these cases. Boca Raton lawyers are well-versed in this area of law and use it to their client’s advantage. They guide their clients through the legal process, providing clear and compassionate counsel.

Supporting Victims Beyond Legal Representation

Apart from legal assistance, lawyers in Boca Raton often provide emotional and practical support to victims. They understand the emotional toll that a drunk driving accident can take and strive to make the legal process as stress-free as possible.

Emotional Support

Dealing with the aftermath of a drunk driving accident can be emotionally draining. Lawyers often offer support and guidance, helping their clients cope with the psychological impact of the accident.

Practical Assistance

In many cases, lawyers assist with more than just the legal aspects. They may help arrange medical care, deal with insurance paperwork, and provide guidance on dealing with financial challenges resulting from the accident.

Conclusion

In Boca Raton, lawyers play a critical role in securing compensation for victims of drunk driving accidents. Through their legal expertise, negotiation skills, and compassionate support, they help clients overcome the challenges posed by these tragic events.

By ensuring that justice is served, these attorneys help their clients receive the compensation they deserve and contribute to making the roads safer for everyone.

What to Do Immediately After a Bus Accident in Coral Springs

If you are involved in a bus accident in Coral Springs, immediately call 911 for emergency medical assistance.

Afterward, consult a personal injury attorney to determine your legal options for seeking damages from negligent parties.

Taking immediate action to document the accident and get treatment can help strengthen any potential injury claim.

Identifying Responsible Parties

Identifying who is at fault is crucial in the chaotic aftermath of a bus accident. The responsibility may lie with several parties, including the bus driver, the bus company, local authorities responsible for road maintenance, other drivers, and even bus parts manufacturers.

For example, the bus driver might be at fault due to negligent driving, or the accident could result from maintained roads, making local authorities partly responsible.

Key Steps to Take After a Bus Accident

If you are involved in a bus accident, it is essential to take several critical steps to ensure your safety and well-being.:

  1. Seek Medical Attention: Your health is the top priority. Even if injuries seem minor, getting a medical evaluation is essential.
  2. Report the Accident: Notify the police and ensure an official report is filed.
  3. Gather Evidence: If possible, take photos of the accident scene, the vehicles involved, road conditions, and any visible injuries. Collect contact details from witnesses.
  4. Avoid Making Statements: Be cautious about admitting fault or discussing the accident details, especially with insurance representatives, before consulting an attorney.
  5. Contact a Personal Injury Attorney: It’s wise to seek legal representation to guide you through the legal process and protect your rights.

Understanding Common Carrier Law in Florida

Florida law imposes a higher duty of care on common carriers like buses. This means that bus operators must exercise the highest respect for passenger safety.

Negligence on their part, leading to passenger injuries, can result in liability for the bus company.

The Bus Accident Investigation Process

A thorough and detailed investigation is crucial to understand what happens during a bus accident.

This process involves several steps, each vital in uncovering the truth.

Investigators look at the accident scene, talk to witnesses, inspect the vehicles, and much more.

Here are some critical factors in the bus accident investigation process, explained in a way that’s easy to understand:

  • Scene Examination:
    • Investigators visit the accident site to collect physical evidence. This includes analyzing skid marks, vehicle positions, and debris to understand the dynamics of the crash.
    • Photos and videos are taken for a detailed record.
  • Witness Interviews:
    • Statements from passengers, drivers, and bystanders are gathered. These accounts provide varied perspectives on how the accident occurred.
    • Interviewing witnesses is crucial, as memories can fade over time.
  • Vehicle Inspection:
    • The bus and other vehicles are examined for mechanical issues, such as brake failure or steering problems.
    • Inspectors check maintenance records to see if negligence in vehicle upkeep contributed to the accident.
  • Review of Driver Records:
    • The bus driver’s history is scrutinized for past accidents, traffic violations, or issues with their driving license.
    • Training records are also reviewed to ensure the driver is qualified.
  • Analysis of Traffic and Surveillance Cameras:
    • Footage from nearby traffic and security cameras provides a visual account of the accident.
    • This can help determine the speed of vehicles, traffic signal status, and the driver’s actions before the crash.
  • Weather and Road Conditions Assessment:
    • Investigators consider if weather factors like rain, fog, or icy conditions played a role.
    • The condition of the road, such as potholes or unclear signage, is also evaluated.
  • Data from Onboard Technology:
    • Modern buses often have GPS, data recorders, or dashcams. This tech can offer crucial information like the bus’s speed, braking patterns, and route before the accident.
  • Compliance with Traffic Laws:
    • Investigators determine if traffic laws were violated, such as running a red light or speeding.
    • This includes assessing both the bus driver and other involved parties.
  • Medical Evaluation of the Driver:
    • The driver’s medical condition at the time of the accident is examined. This can include checking for impairment due to drugs, alcohol, or medical issues.
    • A toxicology report may be requested.
  • Consultation with Accident Reconstruction Experts:
    • Specialists in accident reconstruction are often brought in to create a detailed analysis of the accident.
    • They use all gathered data to simulate the accident, which helps understand the precise causes and dynamics.

Common Injuries in Bus Accidents

Bus passengers often suffer injuries due to the lack of safety restraints and the crowded environment.

Common injuries include neck and whiplash injuries, broken bones, head injuries like concussions, cuts, bruises, and spinal cord injuries.

These injuries can range from minor to severe, impacting passengers’ lives.

Seeking Compensation for Injuries

Victims of bus accidents in Coral Springs may be entitled to compensation for various damages.

This can include medical expenses for treatments and surgeries, lost wages due to the inability to work, pain and suffering, and property damage. Understanding your rights to compensation is vital in these situations.

Final Words

In the unfortunate event of a bus accident in Coral Springs, taking the proper steps immediately afterward is crucial for your physical, emotional, and financial well-being.

Identifying responsible parties, understanding your injuries, taking appropriate actions, and seeking legal advice are essential to protect your rights and receive the compensation you deserve.

Remember, you don’t have to navigate the aftermath alone in such trying times. Legal professionals and medical experts support and guide you through this challenging period.

CAN I TREAT WITH ANY DOCTOR I WANT FOLLOWING A NEGLIGENT SECURITY CASE IN FLORIDA?

The very short answer is yes you can treat with almost any type of doctor that you want to after a Florida car accident.  Medical doctors, doctors of osteopathic, Chiropractors, etc. are all doctors that you can see after an accident in Florida.  All of these doctors may testify on your behalf after an accident in Florida.  However, you may want to talk with an accident lawyer at Drucker Law Offices about which type of doctor would be best.

Legal Rights of Construction Workers in Coral Springs

In Coral Springs, construction workers have specific legal rights safeguarding their safety and well-being.

These rights are protected by local rules and Florida state laws, focusing on workplace safety, adherence to building standards, and compensation for injuries.

Coral Springs Building Regulations

The Building Department and other authorities in Coral Springs enforce strict regulations for construction work. These regulations guarantee that construction projects meet essential safety and quality standards.

1. The Building Department’s Role

The Building Department in Coral Springs is key in ensuring construction work is safe and follows the rules. They review plans, issue permits, inspect job sites, and give out occupancy certificates.

2. Necessity of Permits

Getting a permit is necessary for almost all types of construction work in Coral Springs. This requirement makes sure that all construction activities meet safety and regulation standards.

3. Power of the Chief Building Official

The chief building official in Coral Springs can issue building permits. This authority emphasizes the city’s focus on safe construction practices.

4. Site Monitoring and Penalties

Coral Springs Building & Code Compliance Divisions monitor construction sites. If you break the building codes, you could face fines of up to $500.

Workers’ Compensation and Legal Protections

In Coral Springs, there are strong laws and protections for construction workers. These are designed to keep workers safe and help them if there are accidents or legal issues at work.

1. Required Insurance for Companies

Florida law says all construction companies, including Coral Springs, must have workers’ compensation insurance. This is true even if there’s only one worker, helping protect them from workplace accidents.

2. Florida’s Workers’ Compensation Law

Florida Statute Chapter 440 focuses on the dangers that construction workers face. It explains how to get compensation for injuries or death from accidents at work.

3. Claiming Workers’ Compensation

You can file a worker’s compensation claim if you get hurt at work in Coral Springs. This can help pay for medical bills and lost wages because of the injury.

4. Getting Legal Help

Construction workers in Coral Springs can also get legal help. They can hire a lawyer for court cases, arbitration, mediation, and other legal issues related to their job.

Ensuring Safety and Legal Compliance

In Coral Springs’ construction industry, following safety and legal rules is very important. Both employers and workers must know and follow these rules to keep everyone safe.

1. Following Building Codes

Sticking to building codes is important, not just because it’s the law, but because it keeps workers safe. It reduces the risk of accidents and injuries at work.

2. What Employers Must Do

Employers in the construction field in Coral Springs must ensure their workers have enough workers’ compensation insurance. They also need to follow safety standards and building codes set by the city and state.

3. Right to a Safe Workplace

Construction workers should work in safe conditions. Workers can report these problems to the right people if the safety standards are unmet.

4. Handling Workers’ Compensation Claims

Knowing how to file a workers’ compensation claim is very important if you get hurt at work. Workers should know their rights and the necessary steps to get their benefits.

5. What to Do if Rights are Violated

If a worker’s rights are not respected, there are ways to fix this. They might need to complain to the city or state or get a lawyer to take legal action.

Conclusion

Various legal rights and safety measures protect construction workers in Coral Springs. From strict building rules to workers’ compensation laws, these protections keep workers safe and give them a way to get help if they get hurt.

Both workers and employers in the construction industry need to understand these rights.

Boynton Beach Injury Lawyers in Product Liability Cases

Boynton Beach injury lawyers can help individuals injured due to defective products by providing legal guidance and representation.

Experienced lawyers better understand the complex legal aspects of defective product claims and can help clients navigate the legal process more.

To win a product liability case, a skilled attorney must establish proof of defect, causation, and damages on behalf of their client.

The Role of a Boynton Beach Injury Lawyer in Product Liability Cases

When you buy a product, you expect it to be safe. But sometimes, things go wrong, and products can cause harm.

This is where a Boynton Beach injury lawyer comes in, especially in product liability cases. They play a significant role in helping people hurt by these products.

Let’s look at how they help these people get fair treatment and ensure products are safer for everyone. Here are some important things they do:

  • Identifying Responsible Parties: A lawyer helps determine who is liable for the defective product – whether it’s the manufacturer, distributor, or retailer. This involves understanding complex product chains from creation to sale.
  • Understanding Product Liability Laws: They have in-depth knowledge of Florida’s specific product liability laws, including statutes of limitations and particular regulations that apply to different types of products.
  • Evaluating the Defect: Lawyers analyze whether the defect is due to design, manufacturing, or a failure to provide adequate warnings or instructions, which is crucial in building a solid case.
  • Gathering and Analyzing Evidence: They collect and scrutinize evidence such as defective products, medical records, expert opinions, and witness statements to establish the link between the product and the injury.
  • Assessing Damages: Injury lawyers calculate the total damages, including medical expenses, lost wages, pain and suffering, and long-term disability, ensuring clients receive fair compensation.
  • Negotiating with Insurance Companies: They deal with insurance companies and defendants to reach a settlement that compensates for the client’s losses, often achieving better outcomes than individuals can on their own.
  • Litigation Expertise: If a fair settlement cannot be reached, the lawyer is prepared to take the case to court, using their litigation experience to represent the client’s interests.
  • Providing Legal Guidance and Support: They offer legal advice throughout the process, helping clients understand their rights and the legal complexities of product liability cases.
  • Managing Legal Procedures and Deadlines: The lawyer handles all legal procedures, filings, and strict deadlines, ensuring the case progresses and complies with legal requirements.
  • Advocating for Consumer Safety: Beyond individual cases, these lawyers are crucial in holding companies accountable for product safety, contributing to broader consumer protection efforts.

Common Types of Product Liability Claims

When we buy products, we trust them to be safe. But sometimes, things like cars, toys, or appliances can have problems that make them dangerous.

These problems can cause serious harm, so knowing about common product liability claims is essential.

Here are some examples of these claims, showing why getting legal help is essential if you’re affected.

  • Motor Vehicle Defects: Claims often arise from faulty parts in cars, trucks, and other vehicles. These defects include brake failures, defective airbags, or malfunctioning steering systems. Such issues can lead to accidents, causing severe injuries or even fatalities.
  • Dangerous Children’s Toys: These claims involve toys that pose choking hazards, have toxic materials, or are designed to lead to injuries in children. The safety standards for children’s toys are stringent, and any deviation can be grounds for a claim.
  • Malfunctioning Home Appliances: Appliances like ovens, heaters, or washing machines can malfunction due to design flaws or defective manufacturing. These malfunctions can lead to fires, electric shocks, or other hazards, endangering consumers’ safety at home.

Each of these product liability claims underscores the importance of consumer safety and the need for legal recourse when products fail to meet safety standards.

Understanding Product Defects

Product liability law has three primary types of defects: design, manufacturing, and marketing. Each kind of defect requires a specific approach in a legal context.

For example, a design defect might involve an inherent flaw in the product’s design, while a manufacturing defect occurs during the production process.

Legal Expertise and Case Assessment

An injury lawyer in Boynton Beach begins by evaluating the validity of a product liability claim.

This process involves reviewing the circumstances and evidence surrounding the injury. This step is crucial in determining the most appropriate legal strategy to pursue.

Identifying Responsible Parties

Identifying potential defendants is a critical step. These can include manufacturers, distributors, and retailers.

Understanding the supply chain and each party’s role is essential for building a solid case and ensuring that all responsible parties are held accountable.

Establishing Negligence or Strict Liability

Establishing liability is a central aspect of these cases. Lawyers work to demonstrate either negligence or strict liability on the part of the defendant.

In a negligence claim, it must be shown that the defendant failed to exercise reasonable care. In strict liability cases, the focus is on proving the dangerous nature of the product.

The Importance of Evidence and Expert Testimony

Gathering proper evidence, such as product samples, relevant documents, and expert opinions.

Lawyers often collaborate with professionals in engineering to establish a clear link between the product’s defect and the client’s injuries.

Calculating and Establishing Damages

Calculating damages is a meticulous process. It involves gathering medical records and assessing the financial impact of the injury.

Damages may include medical expenses, lost wages, and compensation for pain and suffering.

Settlements and Court Representation

A crucial skill of injury lawyers is negotiating fair settlements. If negotiations fail, they are ready to represent clients in court, presenting evidence and advocating for their rights.

Summary

A Boynton Beach injury lawyer plays a pivotal role in product liability cases. Their expertise in assessing claims, identifying responsible parties, gathering evidence, and negotiating settlements is critical in securing fair compensation for injured clients.

If you find yourself injured by a defective product, seeking the assistance of a skilled legal professional is not advisable but crucial for a favorable outcome.

FAQs About Wrongful Death Claims in Boynton Beach

Understanding the specifics of wrongful death claims in Boynton Beach is crucial for those who have lost a loved one due to someone else’s negligence or wrongful act.

Governed by Florida Statutes section 768.16-768.26, these claims can provide financial relief and justice for the bereaved families.

FAQs About Wrongful Death Claims

Navigating the complexities of wrongful death claims can be challenging and taxing.

Understanding the key aspects of these claims is crucial for those who have lost a loved one due to someone else’s negligence or wrongful act.

Here are frequently asked questions about wrongful death claims to help guide you through this challenging process.

1. What is a Wrongful Death Claim?

A wrongful death claim is a legal action taken when the negligent, reckless, or intentional act of another person or entity causes someone’s death. It seeks compensation for the survivors’ loss, covering funeral expenses, lost income, and emotional distress.

2. Who Can File a Wrongful Death Claim?

The personal representative of the deceased’s estate files the claim. Depending on the state’s laws, this representative acts on behalf of the deceased’s survivors, including the spouse, children, or parents.

3. What Types of Damages Can Be Recovered?

Damages in a wrongful death claim can include funeral and burial costs, lost wages and benefits, medical expenses related to the deceased’s final illness or injury, loss of companionship, and pain and suffering experienced by the survivors.

4. How is the Amount of Damages Determined?

The amount is determined by considering various factors, such as the deceased’s earning capacity, health, and age, as well as the circumstances of the survivors. Economic and non-economic damages are calculated to compensate for financial and emotional losses.

5. What is the Statute of Limitations for Filing a Claim?

The statute of limitations varies by state. Generally, it ranges from one to three years from the date of the deceased’s death. Missing this deadline can bar you from filing a claim, so acting is crucial.

6. Can a Wrongful Death Claim be Filed if There’s a Criminal Case?

Yes, a wrongful death claim can be filed in a criminal case. It is a civil action that does not require a criminal conviction to be successful and has a lower burden of proof.

7. How Does a Wrongful Death Claim Differ from a Criminal Homicide Case?

A wrongful death claim is a civil lawsuit seeking financial compensation. At the same time, a criminal homicide case is brought by the state against an individual accused of unlawful killing, seeking penalties like imprisonment.

8. What if the Deceased Was Partially at Fault?

In some states, if the deceased was at fault, it may affect the compensation in a wrongful death claim. This concept, comparative or contributory negligence, can reduce the recoverable amount based on the deceased’s degree of fault.

9. Do All States Allow for Punitive Damages in Wrongful Death Claims?

Not all states allow for punitive damages in wrongful death claims. Where they are allowed, punitive damages are intended to punish the wrongdoer and deter similar acts in the future. They are awarded in cases of egregious negligence or intentional harm.

10. Is Legal Representation Necessary for Filing a Wrongful Death Claim?

While not required, it is advisable to seek legal representation. Wrongful death claims can be complex, and an experienced attorney can help navigate the legal system, negotiate settlements, and maximize the compensation received.

Conclusion

Wrongful death claims in Boynton Beach provide a means for families to seek justice and financial support after losing a loved one due to another’s negligence.

Understanding the process, the importance of timely action, and the role of a skilled attorney can guide families during this difficult time. It is crucial to seek experienced legal counsel to navigate the complexities of wrongful death claims.

CAN I TREAT WITH ANY DOCTOR I WANT FOLLOWING A PREMISES LIABILITY ACCIDENT IN FLORIDA?

The very short answer is yes you can treat with almost any type of doctor that you want to after a Florida car accident.  Medical doctors, doctors of osteopathic, Chiropractors, etc. are all doctors that you can see after an accident in Florida.  All of these doctors may testify on your behalf after an accident in Florida.  However, you may want to talk with an accident lawyer at Drucker Law Offices about which type of doctor would be best.

What To Do After a Slip and Fall Accident in Boynton Beach

After a slip and fall accident in Boynton Beach, you should first look for medical attention to address any injuries and document them for legal purposes. 

Then, consider consulting with a personal injury attorney to understand your legal rights and potentially pursue a compensation claim.

Seek Medical Attention Immediately

The first thing you should do is seek medical attention, even if your injuries seem minor. 

Adrenaline and shock can mask underlying severe injuries, so it is essential to get checked out by a doctor as soon as possible. 

Head injuries, broken bones, sprains, and other injuries may not be noticeable at first. 

An immediate medical evaluation will document any injuries and enable prompt treatment, which can improve your recovery outlook. 

Additionally, the medical records will serve as vital evidence if you pursue legal action later.

Report the Accident

You should report the slip and fall accident to the property owner, manager, or another responsible official as soon as possible. 

If the accident occurred in a store, restaurant, or other commercial property, ask for an incident report and ensure all the details are recorded accurately. Make sure to get a copy of the report. 

The incident report creates an official accident record and can help support your claim.

Document the Accident Scene

Gather documentation of the accident scene and hazardous conditions. 

Take photographs and video of where you fell, the floor or walking surface, any foreign substances or defects, warning signs or cones, poor lighting, or anything else that may have caused or contributed to the fall. 

Get contact details of any witnesses who saw the accident occur. Their accounts of the incident will be invaluable if you end up in legal proceedings.

Preserve All Evidence

Save and protect any evidence from the accident scene. For example, keep the clothes and shoes you were wearing at the time of the fall. 

They may have traces of substances that caused you to slip or show damage consistent with the fall. 

Store any broken parts or materials from the site. Try to avoid cleaning up the area until full documentation is complete. Evidence preservation protects your rights.

Get Witness Information

Obtain the names and contact details of anyone who witnessed the slip and fall accident. 

Witnesses can provide critical third-party testimony to corroborate your account of what happened. 

Their perspectives could be vital if the facts get disputed later on. Canvass the accident scene for witnesses before they disperse.

Do Not Discuss with Insurance Companies

You may be contacted by insurance companies soon after the accident, looking for information. 

Avoid discussing the accident or your injuries with insurance representatives before consulting an attorney. 

What you say could be used against you to deny or minimize your claim.

Contact an Experienced Attorney

It is highly recommended to contact an experienced Boynton Beach slip and fall attorney as soon as possible after the accident. 

An attorney can conduct a full investigation, access legal options, determine viable defendants, and handle insurance negotiations on your behalf. 

They will protect your rights at every step and maximize your chances of obtaining total and fair compensation.

Types of Compensation You May Recover

With an attorney’s help, you may recover various types of slip and fall accident compensation, such as:

  • Medical expenses, both current and future
  • Rehabilitation and physical therapy costs
  • Lost income and diminished earning capacity
  • Pain and suffering damages
  • Permanent disability or disfigurement
  • Emotional distress

The value of your claim often hinges on the strength of the evidence and attorney negotiation skills.

Why Hiring a Lawyer is Essential

Handling a slip-and-fall claim without legal representation is highly challenging. Complex legal regulations govern premises liability cases. 

Defendants and insurance companies usually try to evade accountability. An experienced lawyer levels the playing field by:

  • Conducting a fault-based investigation
  • Identifying all liable parties and legal avenues
  • Gathering powerful evidence like expert opinions
  • Calculated claim valuation and negotiation
  • Skillful navigation of the claims process
  • Proficiency in handling insurance company tactics
  • Litigation capabilities, if necessary

Retaining an attorney significantly improves your chance of getting full and fair compensation.

Choosing the Right Boynton Beach Slip and Fall Lawyer

Not all attorneys have the skills and track record to resolve slip and fall claims successfully. Be sure to choose a lawyer that:

  • Focuses specifically on slip and fall litigation
  • Has extensive experience handling these cases
  • Can demonstrate a proven record of meaningful case results
  • Will provide responsive, personalized attention to your case
  • Operates on a contingency fee basis

Act Quickly to Protect Your Rights

Florida’s slip-and-fall accident law imposes strict deadlines for taking legal action. Generally, you have four years from the accident date to file a lawsuit. 

Waiting too long can seriously undermine your claim, even if the statute of limitations has not expired. 

It is critical to engage an attorney promptly while memories are fresh and evidence is intact. 

This will enable your lawyer to build the most substantial possible claim on your behalf.

Let an Attorney Shoulder Your Burden

The aftermath of a slip-and-fall accident is enormously stressful. On top of dealing with injuries, you face medical appointments, insurance negotiations, lost income, and everyday disruptions. 

An experienced Boynton Beach premises liability attorney can shoulder your burden, applying their expertise to get you the maximum recovery with minimum hassle. 

Focus on healing – let your lawyer handle the complex legal process.

Act Now, Take Control

Suffering a slip-and-fall accident is hard enough without fighting for compensation alone against uncooperative defendants and insurance companies. 

Take control of your situation by partnering with a dedicated slip-and-fall attorney in Boynton Beach. 

With an expert lawyer, you can make those responsible for your accident accountable and obtain the highest value recovery possible. 

Workplace Injuries in Boynton Beach: Know Your Rights

In Boynton Beach, workers who suffer injuries at their workplace have the right to seek compensation and legal remedy

Understanding these rights is crucial for anyone facing such unfortunate circumstances, ensuring they can navigate the legal and medical processes effectively.

Immediate Actions After Injury

In the aftermath of a workplace injury, immediate actions must be taken not only for the well-being of the injured party but also to protect their legal rights. 

Let’s cover the critical first steps an injured worker should take following an incident, focusing on both medical attention and legal obligations.

Seek Medical Attention

The first and foremost step after sustaining a workplace injury is prioritizing your health. 

Depending on the severity, seeking immediate medical care or consulting a doctor as soon as possible is vital. 

This step is not just about health; it’s also about documenting your injuries, which plays a pivotal role in any subsequent legal actions.

Notify Your Employer

Florida law mandates that the injured party report the injury to their employer or supervisor in writing within 30 days of the incident. 

This notification is crucial for the following legal process, as it is an official incident record.

Understanding Workers’ Compensation Rights

In Boynton Beach, workers’ compensation is a crucial aspect of the legal rights of injured employees

Let’s discuss what workers’ compensation entails and how it can be a lifeline for injured workers.

The Role of Workers’ Compensation

Workers’ compensation is designed to provide financial assistance and cover medical expenses for injured employees while performing their job duties. 

It’s a form of insurance that benefits injured workers, regardless of who was at fault for the injury.

How to File a Claim

Filing a workers’ compensation claim is critical to securing your rights and benefits. 

This process involves submitting a claim form to your employer, who then forwards it to their insurance company. 

Working with a workers’ compensation attorney is advisable to ensure that your claim is accurately filed and your rights are protected.

Legal Representation in Workplace Injuries

Hiring an experienced attorney can significantly affect the outcome of your workers’ compensation claim.

Importance of Legal Expertise

A workers’ compensation lawyer is an expert in workplace injury law and can navigate the complex legalities of these cases. 

They can help file a claim, negotiate with insurance companies, and represent you in court if necessary.

Pursuing a Personal Injury Claim

In cases where the workplace injury was due to negligence or carelessness, you may have the option to pursue a personal injury claim in addition to workers’ compensation. 

This could lead to more significant compensation for damages like pain and suffering, not typically covered under workers’ compensation.

Navigating Through Recovery

Recovering from a workplace injury is not just about healing physically. Victims often face emotional and mental stress as well. 

Understanding your rights and having a supportive legal team can alleviate some of these stresses by managing the complexities of your case.

In some cases, workplace injuries can lead to long-term or permanent disabilities. 

It’s essential to consider the future implications of your injury when filing a claim, ensuring that you receive adequate compensation for ongoing medical care and loss of earning capacity.

Empowering Yourself with Knowledge

Being informed and proactive is critical to successfully navigating the aftermath of a workplace injury

Understanding your rights, the steps to take immediately following an injury, and the benefits of legal representation empower you to take charge of your situation.

Workplace injuries in Boynton Beach are severe matters; knowing your rights is the first step towards a fair and just resolution. 

Whether seeking immediate medical attention, notifying your employer, understanding workers’ compensation, or seeking legal representation, each step is crucial in your journey toward recovery and justice. 

Remember, knowledge is power, and in workplace injuries, it is your most valuable ally.

Truck Accident Differences: Coral Springs Legal Insight

Truck accidents in Coral Springs differ from other vehicle accidents because they are more complicated and often lead to severe outcomes.

Understanding the distinct legal and practical challenges of truck accidents is crucial for anyone affected by such an incident.

The Size and Weight of Trucks

Truck accidents differ from car accidents mainly because trucks are much bigger and heavier. 

A fully loaded truck can weigh up to 80,000 pounds and even more than 100,000 pounds for oversized loads. 

This is much more than the average car, which weighs around 3,000 pounds. 

Accidents are usually more severe because trucks are heavy, with more significant injuries and damage.

Complexity of Legal Issues in Truck Accidents

Truck accidents can be legally complex. The truck driver may not always be solely responsible. 

Instead, others like the trucking company, local governments, mechanics, and inspectors could also be involved. Many different parties and insurance companies may need to be involved in resolving such accidents.

Understanding Damages in Truck Accidents

In Florida, people hurt in truck accidents can ask for two kinds of money: compensatory and punitive damages. 

  • Compensatory damages are for actual costs like medical bills and lost wages and for things like pain and suffering that don’t have a clear price. 
  • Punitive damages are extra and given to punish the person at fault when they were careless or did something intentionally.

Statute of Limitations for Truck Accident Claims

After a truck accident in Coral Springs, you have four years to start a legal case

But if the accident caused someone’s death, you only have two years. These cases can be complex, so beginning the legal process soon is essential.

Types of Truck Accidents and Their Causes

Trucks can be in rear-end collisions, head-on crashes, sideswipe incidents, rollovers, jackknife accidents, and dropped load scenarios. 

The causes of these accidents can vary, including overloaded trucks, tired drivers, driving under the influence, aggressive driving, and bad weather.

Special Regulations Governing Truck Drivers

Truck drivers in Coral Springs follow special federal and state laws that others don’t. These include driving hour limits and Federal Motor Carrier Safety Administration safety rules. 

Knowing these rules is essential for a successful legal case after a truck accident.

Navigating the Legal Road After a Truck Accident

Truck accidents in Coral Springs are different because of the big size and weight of trucks, complicated legal situations, different kinds of damages, strict legal time limits, various types of accidents, and unique rules for truck drivers. 

Getting help from a lawyer who knows about truck accidents is crucial in these cases.

Coral Springs Lawyer’s Role in Drunk Driving Cases

After a drunk driving accident, a Coral Springs injury lawyer is very important in helping victims get justice and compensation, guiding them through the complicated process.

These legal professionals provide expertise, support, and a deep understanding of the nuances of such cases in the local context.

The Aftermath of Drunk Driving Accidents

Drunk driving accidents often leave a trail of devastation, impacting victims physically, emotionally, and financially. 

In Coral Springs, injury lawyers are crucial allies, offering support and guidance to those affected. 

They help victims and their families navigate the complexities of the legal system, ensuring that their rights are protected and their voices are heard.

Understanding the Scope of the Problem

The issue of drunk driving is not only prevalent but also a persistent danger in Florida. Annually, thousands of accidents involving alcohol lead to a significant number of injuries and fatalities. 

Broward County has experienced a worrying increase in DUI accidents, highlighting the need for stringent legal action and support for victims.

Alcohol’s Detrimental Effects on Drivers

Alcohol’s impact on drivers is profound, impairing judgment, coordination, reaction times, vision, and balance. 

These effects lead to severe accidents, emphasizing the dangerous nature of drunk driving

Understanding these impacts is crucial in building solid legal cases against offenders.

Legal Framework in Florida

Florida’s drunk driving laws are strict, with defined blood alcohol content (BAC) limits for drivers. 

Convictions for DUI can result in fines, license suspension, and jail time, reinforcing the severity of such offenses.

Civil and Criminal Aspects of Drunk Driving Cases

Drunk driving incidents can lead to both personal injury claims and criminal DUI charges. 

While criminal charges seek to punish the offender and protect the public, personal injury claims aim to compensate the victim for their losses. 

This dual approach ensures a comprehensive legal response to drunk driving cases.

Identifying Liable Parties

In drunk driving cases, liability may extend beyond the driver. Employers, vehicle owners, and government entities can be held accountable under certain circumstances. 

Understanding the scope of liability is critical to developing an effective legal strategy.

Florida’s Approach to Dram Shop Liability

While Florida generally does not impose liability on establishments serving alcohol to legal-aged individuals, there are exceptions. 

These include cases involving minors or individuals with a known history of alcoholism.

Navigating Insurance Claims

As a no-fault state, Florida requires victims to use their personal injury protection (PIP) insurance initially. 

Claims against the at-fault driver’s insurance become necessary for severe injuries, especially costs exceeding PIP coverage and pain and suffering.

The Indispensable Role of Injury Lawyers

Coral Springs injury lawyers are instrumental in drunk driving cases. They conduct thorough investigations, identify all liable parties, assess claim values, and negotiate with insurance companies. 

In cases where fair settlements are not offered, they are prepared to take legal action on behalf of the victim.

Ensuring Justice and Fair Compensation

In the challenging aftermath of a drunk driving accident, Coral Springs injury lawyers stand as beacons of hope and justice.

Their expertise and dedication are vital in ensuring victims receive the compensation and justice they deserve. 

In the face of adversity, these legal professionals offer a guiding light, helping victims navigate their most difficult times with confidence and support.

Immediate Steps to Take After an Accident in Boca Raton

After an accident in Boca Raton, immediately seek medical attention for any injuries and contact the police to file a report for documentation and liability assessment. 

Then, gather evidence at the scene, such as photos of the accident and witness information, and notify your insurance company about the incident.

Your actions during the first few hours and days following the accident are critical, as they can significantly impact any insurance claim or lawsuit you may file. 

Seek Medical Attention Immediately

The first thing you should do, even if you believe you haven’t been injured, is get medical attention. 

The adrenaline rush after an accident often masks pain or internal injuries that may not be apparent until hours or days later. 

Head to the nearest emergency room or urgent care clinic to get thoroughly evaluated and treated. 

Boca Raton’s leading hospitals are Boca Raton Regional Hospital and West Boca Medical Center. 

An immediate doctor’s visit documents your injuries for insurance and legal purposes.

Contact the Police

You should contact the Boca Raton Police Department immediately after the accident. Request that an officer come to the scene to take down statements and prepare an official accident report. 

Having a police report is crucial, as insurance companies will want to review it to determine fault and liability. The report also provides independent documentation of what occurred.

Document the Accident Scene

Document the accident scene by taking ample photos and video. 

Capture images of vehicle damage, debris, skid marks, street signs and signals, weather conditions, and anything else relevant to how the crash occurred. Also, photograph any visible injuries you sustained. 

Get contact details of any witnesses, as their accounts could help establish fault later on.

Ensure Your Safety First

Before exiting your vehicle, assess the situation outside and make sure it is safe to emerge. 

If your car is disabled in an unsafe location, such as partly in the roadway, call 911 and specify your exact location so emergency personnel can properly direct traffic or transport you out safely. 

Do not try walking around uncontrolled accident scenes.

Provide Aid to the Injured

If the accident involves other injured parties, call 911 immediately to summon medical assistance, then provide basic first aid if you are able and properly trained to do so safely. 

Do not attempt to move injured victims unless they are in further danger.

Seek Medical Care for Your Injuries

Get medical treatment for any injuries you sustained, even minor ones. Adrenaline can temporarily mask serious harm. 

Visit your doctor as soon as possible after the initial hospital evaluation for a full assessment. 

Closely follow your physician’s treatment plan and instructions. Keep all medical records, bills, and documents.

Cooperate Fully with the Police

When officers arrive at the accident scene, comply fully with any field sobriety or drug tests requested. 

Answer all police questions thoroughly and honestly. Do not get defensive or argumentative. Ask the officers for a copy of the accident report or details on obtaining it later.

Exchange Information with Other Parties

Provide your name, contact details, driver’s license number, insurance information, and vehicle registration to all parties involved. 

Get the same information from them as well. You should also get their statements on what happened, but avoid placing blame or making accusations.

Document Witness Accounts

Try to obtain witnesses’ names and contact details before they leave the scene so your attorney can interview them later. 

Witness statements are hugely beneficial in assigning fault and liability. Ask witnesses to write down a summary of what they saw while it’s fresh in their minds.

Notify Your Insurance Provider

Alert your insurance company about the accident as soon as you can. They will open a claim file and gather information to determine coverage and process any payout for damages or injuries. 

Cooperate fully with your insurer’s requests and pass along any evidence you collected. But avoid discussing fault.

Consult an Experienced Attorney

Contact an experienced Boca Raton accident attorney for guidance on preserving evidence, interacting with insurance companies, establishing liability, calculating damages, and pursuing fair compensation through settlement or lawsuit. 

An attorney handles the legal complexities while you focus on recovery.

Why an Attorney is Important After an Accident

Pursuing compensation after any accident is highly challenging without legal representation. 

An attorney levels the playing field against insurance companies and at-fault parties. Specifically, they:

  • Perform a thorough investigation to build a strong claim
  • Assess legal options and viable defendants
  • Preserve crucial evidence like vehicle data and video footage
  • Calculate current and future accident costs
  • Negotiate optimally with insurers and liable parties
  • File lawsuits if fair settlements cannot be reached
  • Maximize compensation through legal expertise

Do not leave your payment to chance. Hire an attorney immediately after the accident to protect your rights.

Types of Damages You Can Recover

With an attorney’s assistance, you may be entitled to various damages, including:

  • All past and future medical expenses
  • Lost income
  • Reduced earning capacity
  • Cost of physical therapy, rehabilitation
  • Pain and suffering
  • Permanent disability or disfigurement
  • Loss of enjoyment of life
  • Property damage
  • Wrongful death damages

Choosing the Right Boca Raton Accident Attorney

Not all lawyers possess the skills and track record to resolve accident claims involving severe injuries. Be sure to select an attorney who:

  • Focuses specifically on accident and injury litigation
  • Has extensive experience handling similar cases
  • Can demonstrate a proven record of meaningful case results
  • Will provide responsive, personalized attention to your case
  • Operates on a contingency fee basis

Act Quickly to Protect Your Rights

Under Florida law, you typically have four years from the date of an accident to file a lawsuit for injuries. 

Waiting too long can make the evidence stale and memories fade, severely undermining your claim. 

Contact an experienced Boca Raton accident injury lawyer immediately after any incident to start building your most robust possible case directly.

Conclusion

Being in an accident is scary and disruptive. But you do not have to handle the legal and financial burden alone. 

A dedicated Boca Raton accident attorney can help you recover maximum compensation while focusing on what matters most – healing and getting your life back on track. 

Take control of your situation by partnering with an expert lawyer right away.

Boca Raton Car Accident Laws: Key Driver Information

In Boca Raton, drivers involved in a car accident must immediately stop at the scene, assist, and exchange information with other parties involved. 

They are also required to report the accident to law enforcement if it results in injuries, death, or significant property damage, and they should be aware of Florida’s no-fault insurance law, which requires personal injury protection coverage.

Understanding your rights and responsibilities under Florida and Boca Raton car accident laws can help guide you through the complex legal process. 

Florida’s No-Fault Insurance System

Florida operates under a “no-fault” insurance system, meaning each driver’s insurance policy pays for medical expenses and lost wages after an accident, regardless of who caused it. 

All Florida drivers must carry Personal Injury Protection (PIP) coverage. The minimum PIP limit is $10,000.

PIP covers:

  • 80% of reasonable medical expenses
  • 60% of lost wages
  • Up to $5,000 in death benefits

Treatment must commence within 14 days of the accident to qualify for PIP benefits. Emergency medical conditions have a time limit of 48 hours.

Limitations of Florida’s No-Fault System

While PIP insurance covers initial accident costs, benefits are limited. PIP maximums are often inadequate to cover total expenses stemming from serious injuries. 

Additionally, you can only pursue compensation from an at-fault driver if your injuries meet Florida’s “threshold” requirements, such as:

  • Significant and permanent loss of body function
  • Permanent injury or scarring
  • Death

Meeting these thresholds allows accident victims to pursue liability claims against negligent parties to recover damages beyond what PIP provides.

When Can Accident Victims Sue in Florida?

Under limited circumstances, Florida law enables accident victims to pursue compensation through lawsuits against at-fault drivers and other negligent parties, including:

  • Drunk driving accidents
  • Hit-and-run crashes
  • Cases involving severe injuries exceeding PIP limits
  • Instances where PIP benefits have been exhausted
  • Accidents caused by uninsured motorists

Successful liability claims can lead to compensation for medical bills, lost income, pain and suffering, and other damages.

Florida Car Insurance Requirements

Beyond PIP coverage, Florida only requires drivers to carry:

  • $10,000 Property Damage Liability (PDL)
  • $10,000 Personal Injury Protection (PIP)

Experts strongly recommend also purchasing:

  • Bodily Injury Liability
  • Uninsured/Underinsured Motorist Coverage
  • Collision Insurance
  • Comprehensive Coverage

Having adequate insurance is crucial for protecting yourself financially after an accident. Speak with a qualified agent to ensure optimal coverage limits and types.

Accident Reporting Requirements in Florida

Florida law mandates that all drivers involved in an accident must remain at the scene and exchange key information. Accidents must be reported immediately if they involve:

  • Death or injury
  • Hit-and-run
  • Impaired driver
  • Over $500 in property damage

Drivers have ten days to submit an official report to the DMV. Failure to properly report an accident can result in fines, license suspension, and criminal charges.

How Comparative Negligence Works in Florida

Boca Raton and the state of Florida follow a “pure comparative negligence” system for accident liability and compensation. 

Under this approach, accident victims can recover damages even if they were partially at fault, with the balance reduced by the percentage deemed their responsibility.

For example:

  • Total Damages: $100,000
  • Your Fault Percentage: 40%
  • Maximum Compensation: $60,000

Comparative negligence enables some recovery regardless of your degree of fault. An attorney can help demonstrate the other driver’s greater liability.

Why Hiring an Attorney is Crucial

Navigating Boca Raton’s complex car accident laws is difficult without legal representation. An accomplished attorney can help you:

  • Determine all available insurance coverage
  • Establish liability of other drivers
  • Maximize compensation through settlements or litigation
  • Fight insurance companies seeking to deny or reduce payouts
  • Enforce your legal rights at every stage

Do not leave your financial recovery to chance. An expert Boca Raton car accident lawyer protects your interests.

Statutes of Limitation to Consider

Florida’s statute of limitations for filing a car accident injury lawsuit is generally four years from the crash date. 

Exceptions apply. For instance, you only have one year to sue a government entity. An attorney ensures you take legal action within the allotted timeframe.

Conclusion

Navigating the insurance claims process and justice system after a car accident injury is complex, but the laws exist to protect victims. 

Understanding your rights under Florida and Boca Raton car accident laws enables you to make informed decisions and obtain fair recovery. 

An experienced attorney can help apply these protections for your benefit. Don’t wait to get the legal guidance you need.

Medical Malpractice in Lake Worth: What You Need to Know

Medical malpractice in Lake Worth involves healthcare providers failing to meet the standard of care, resulting in patient harm. 

Victims in Florida have two years from the incident to file a lawsuit and must prove the provider’s negligence caused their injury.

Understanding Medical Malpractice

Medical malpractice in Lake Worth encompasses a range of errors, such as misdiagnosis, surgical mistakes, medication errors, and failure to administer appropriate treatment. 

These errors can have severe consequences for patients, often leading to prolonged illness, additional medical expenses, and even irreversible damage.

Legal Framework in Florida

In Florida, victims of medical malpractice have two years from the incident or discovery of the injury to file a lawsuit. This statute of limitations is critical to ensure timely justice. 

Furthermore, plaintiffs must demonstrate that the healthcare provider’s negligence directly resulted in their injury, a process often requiring extensive medical evidence and expert testimony.

Medical Malpractice Trends

While national statistics provide a broader picture of medical malpractice, focusing on Florida and Lake Worth specifically reveals localized trends. 

These insights can include the prevalence of certain types of malpractice and the success rates of malpractice claims within the state.

Impact on Lake Worth Patients

Medical malpractice in Lake Worth can leave patients grappling with physical, emotional, and financial burdens. 

Real-life case studies from the area can illustrate the profound impact of medical errors on individuals and families, often altering the course of their lives significantly.

Lake Worth’s Healthcare System

Examining Lake Worth’s healthcare facilities, historical performance, and any known malpractice cases provides context to the local medical landscape. 

Understanding the measures these facilities are taking to prevent medical errors is essential in evaluating the overall healthcare quality in the region.

Navigating the Legal Process

For victims of medical malpractice in Lake Worth, seeking legal advice is a critical first step. The complexity of malpractice cases often necessitates the involvement of legal experts and medical witnesses to build a compelling case.

Prevention and Patient Education

Empowering patients through advocacy and education is vital in mitigating medical malpractice risks. In Lake Worth, efforts to enhance healthcare providers’ knowledge and skills are equally important in fostering a safer healthcare environment.

Ethical Considerations and Policy

The role of medical ethics in preventing malpractice cannot be understated. Additionally, staying abreast of any legislative changes in Florida affecting medical malpractice law is crucial for healthcare providers and patients.

Towards a Safer Healthcare Environment in Lake Worth

Understanding and addressing medical malpractice in Lake Worth is multifaceted. It requires a collective effort from healthcare providers, legal professionals, policymakers, and patients. 

By focusing on education, prevention, and ethical practice, Lake Worth can work towards a healthcare environment where the risk of malpractice is significantly minimized, ensuring the safety and well-being of all patients.

Helmet Laws and Liability in Lake Worth Motorcycle Accidents

In Lake Worth, Florida, motorcycle riders over 21 are not legally required to wear a helmet if they carry at least $10,000 in medical insurance coverage, while those under 21 must wear helmets. 

Not wearing a helmet can significantly impact liability and decrease compensation in an accident, as it may be viewed as a contributing factor to the rider’s injuries. 

Florida’s helmet law is critical in motorcyclist safety and determining liability in motorcycle accidents.

Understanding Florida’s Helmet Laws

Florida’s helmet laws are distinct in allowing specific riders more freedom of choice than other states. 

This has led to a varied helmet usage pattern in Lake Worth, with a mix of helmeted and non-helmeted riders. 

Such practices directly influence the outcomes of motorcycle accidents in terms of injuries and legal ramifications.

The Significance of Helmet Usage

Studies consistently show that helmet use dramatically reduces the risk of head injuries and fatalities in motorcycle accidents. 

In Lake Worth, the debate around helmet use is not just about personal freedom but also about public safety. 

The stark contrast in injury severity between helmeted and non-helmeted riders in accidents emphasizes the importance of wearing helmets.

Liability in Motorcycle Accidents

In the context of Florida’s no-fault insurance system, understanding liability in motorcycle accidents becomes complex. 

Helmet use can become a significant factor in determining liability and compensation.

If a rider without a helmet is involved in an accident, this could affect the outcome of legal proceedings and insurance claims.

Comparative Negligence in Florida

Florida’s comparative negligence rule means that a motorcyclist’s decision not to wear a helmet could be considered when determining fault and compensation in an accident. 

This rule is crucial in personal injury lawsuits, where payment can be reduced based on the rider’s share of responsibility.

Local Accident Statistics

Recent statistics on motorcycle accidents in Lake Worth show a correlation between helmet use and accident severity. 

These statistics are vital in understanding the real-world impact of helmet laws and rider behavior in the area.

Insurance and Helmet Use

Helmet use has direct implications for insurance claims and premiums in Lake Worth. 

Insurance companies may view helmeted riders as less risky, potentially affecting policy terms and claims processing for accidents involving non-helmeted riders.

Public Health Perspective

Local healthcare professionals in Lake Worth emphasize helmet laws’ broader public health implications. 

Their views shed light on the societal costs of motorcycle accidents and the role of helmet use in mitigating these costs.

Legal Expertise on Helmet Laws

Insights from local legal experts reveal how helmet laws and individual cases of motorcycle accidents intertwine in Lake Worth’s legal landscape. 

These perspectives help us understand how personal injury lawsuits are approached and resolved in the context of existing helmet laws.

Promoting Helmet Use

Efforts to increase helmet use among motorcyclists in Lake Worth, including safety campaigns and educational programs, play a significant role in shaping rider behavior. 

These initiatives aim to raise awareness about the benefits of helmet use and the legal implications of non-compliance.

Conclusion: Safety and Law on the Road

Helmet laws and liability in motorcycle accidents are intertwined issues in Lake Worth, with significant implications for rider safety and legal outcomes. 

Understanding and adhering to these laws enhances individual safety and affects the legal and insurance aspects of riding. 

As Lake Worth continues to navigate these complex issues, the focus remains on promoting a culture of safety and responsibility among its motorcycling community.

CAN I TREAT WITH ANY DOCTOR THAT I WANT AFTER AN ACCIDENT IN FLORIDA?

The very short answer is yes you can treat with almost any type of doctor that you want to after a Florida car accident.  Medical doctors, doctors of osteopathic, Chiropractors, etc. are all doctors that you can see after an accident in Florida.  All of these doctors may testify on your behalf after an accident in Florida.  However, you may want to talk with an accident lawyer at Drucker Law Offices about which type of doctor would be best.

CAN I GO TO A MEDICAL DOCTOR FOR A CAR ACCIDENT IN FLORIDA?

The very short answer is that yes you are allowed to go to a medical doctor following a car accident in Florida.  Medical doctors are allowed to testify in Florida courts.  Further, medical doctors are allowed to bill and get paid from Florida PIP which is the no fault car insurance coverage in Florida. If you have any questions, please feel free to call the accident lawyer at Drucker Law Offices.

CAN I TREAT WITH ANY TYPE OF DOCTOR THAT I WANT FOLLOWING A SLIP AND FALL ACCIDENT IN FLORIDA?

The very short answer is yes you can treat with almost any type of doctor that you want to after a Florida car accident.  Medical doctors, doctors of osteopathic, Chiropractors, etc. are all doctors that you can see after an accident in Florida.  All of these doctors may testify on your behalf after an accident in Florida.  However, you may want to talk with an accident lawyer at Drucker Law Offices about which type of doctor would be best.

CAN I GO TO A CHIROPRACTOR FOR A CAR ACCIDENT IN FLORIDA?

The very short answer is that yes you are allowed to go to a chiropractor following a car accident in Florida.  Chiropractors are allowed to testify in Florida courts.  Further, chiropractors are allowed to bill and get paid from Florida PIP which is the no fault car insurance coverage in Florida. If you have any questions, please feel free to call the accident lawyer at Drucker Law Offices.

CAN I GO TO ANY DOCTOR THAT I WANT TO FOLLOWING MY FLORIDA CAR ACCIDENT CASE?

The very short answer is yes you can treat with almost any type of doctor that you want to after a Florida car accident.  Medical doctors, doctors of osteopathic, Chiropractors, etc. are all doctors that you can see after an accident in Florida.  All of these doctors may testify on your behalf after an accident in Florida.  However, you may want to talk with an accident lawyer at Drucker Law Offices about which type of doctor would be best.

SAFETY TIPS FOR LABOR DAY

  1. Designate a sober driver.  Don’t drive while drinking alcohol.   Have someone designated to drive who is alcohol free for the day.
  2. use ride or public transit
  3. host parties responsibly
  4. plan transportation
  5. Avoid being tired when driving
  6. Buckle up
  7. Stay aware
  8. Stay off Phone
  9. Slow Down
  10. Move over for emergency vehicles.

Can You Legally Sue for Personal Injuries in Florida?

Absolutely YES, in Florida, individuals have the legal right to seek compensation for personal injuries caused by the negligence or wrongdoing of another party.

Understanding Florida’s Personal Injury Laws

Florida’s personal injury laws are designed to protect victims who have been harmed due to the negligence or intentional actions of another.

These laws cover many incidents, including car accidents, slips and falls, and even product liabilities.

Statute of Limitations

One of the most crucial aspects to be aware of is the statute of limitations. In Florida, you generally have four years from the date of the injury to file a lawsuit.

However, there are exceptions, especially in cases involving medical malpractice or wrongful death, where the time frame might be shorter.

Comparative Negligence Rule

Florida follows the comparative negligence rule, which means that if you are partially at fault for the injury, your compensation can be reduced by the percentage of your fault. [1]

For example, if you are found to be 20% at fault, your compensation will be reduced by 20%.

Types of Damages You Can Claim

In a personal injury lawsuit, victims can claim various types of damages:

  1. Economic Damages include medical bills, lost wages, and other out-of-pocket expenses.
  2. Non-Economic Damages: Pain and suffering, emotional distress, and loss of enjoyment of life fall under this category.
  3. Punitive Damages: In cases where the defendant’s actions were particularly egregious or malicious, the court might award punitive damages to punish the wrongdoer and deter similar behavior in the future.

Seeking Legal Representation

While it’s possible to file a personal injury claim independently, having an experienced attorney can significantly impact the outcome.[2] They can:

  • Navigate the complexities of the legal system.
  • Negotiate with insurance companies.
  • Advocate for your best interests in court.

Why Drucker Law Offices?

Drucker Law Offices stands out as a beacon of trust and expertise in the realm of personal injury law in Florida.

With a motto that emphasizes personal attention, they ensure that every client feels valued and heard.

Their impressive track record, with over $50 million won in settlements, speaks volumes about their dedication and expertise.

Conclusion

Yes, you can legally sue for personal injuries in Florida. However, understanding the nuances of the law and having a competent attorney by your side can make all the difference in securing a fair and just settlement or award.

Are you considering legal action for a personal injury in Florida? Reach out to Drucker Law Offices for expert guidance and representation.

What’s the Standard Fee for Personal Injury Lawyers in Florida?

In Florida, personal injury lawyers normally take 35% to 50% of the settlement or award. [1]

Yet, this can vary based on the specifics of the case and the agreement between the client and the attorney.

Understanding the Contingency Fee Model

Most personal injury lawyers in Florida operate on a contingency fee basis, meaning they only get paid if they win the case or secure a settlement for their client.

The fee is then a percentage of the total amount awarded.

When the parties decide to resolve the case without going to court, they usually pay a fee. This fee is around 35%.

If the parties settle the case before a verdict, they can increase the fee to around 40-50%%.

If the case goes to trial and the jury reaches a verdict, the fee might remain at 40%. But, there may be extra costs.

Factors Affecting the Fee

Several factors can influence the exact percentage a lawyer might charge:

  • The complexity of a case affects the resources and time needed, which can increase the fee.
  • Lawyers with lots of experience or a history of winning may charge more money.
  • Lawyers may negotiate their fee if the potential award is large.
  • Lawyers may charge extra fees for things like expert witnesses, court costs, and administration.

Benefits of the Contingency Fee Structure

The contingency fee structure is beneficial for clients because it allows them access to legal representation without any upfront costs.

It aligns the lawyer’s interests with the client’s: both want the best possible outcome. Moreover, it ensures that lawyers are selective about the cases they take, focusing on those they believe have merit.

Negotiating the Fee

It’s essential to remember that everything is negotiable. Before signing any agreement, discuss the fee structure with your lawyer.

Understand all potential costs and ensure there are no hidden fees. Some lawyers might be willing to adjust their percentage based on the specifics of the case or the potential payout.

The Importance of Legal Representation

Having a skilled and experienced lawyer by your side can make a significant difference in the outcome of your case.

They can navigate the complexities of the legal system, negotiate with insurance companies, and advocate for your best interests in court.

Conclusion

Personal injury lawyers in Florida usually charge between 33% and 40% as their fees. It’s important to know the details of your agreement.

Make sure you understand the fees and trust your lawyer to protect your interests.

Remember, a good lawyer can make all the difference in securing a fair settlement or award.

Looking for expert legal representation in Florida? Reach out to Drucker Law Offices today for a consultation, and let us fight for your rights!

Your motor vehicle accident case may be taking longer than originally expected in Florida and here is why.

As recently as the beginning of the coronavirus pandemic, businesses across the United States have been hit with staff shortages and higher than normal customer volume. Individually these problems typically readjust within a short period of time, but due to the pandemic and the current state of the economy, it is more difficult than ever for businesses to find necessary skilled workers. While Drucker Law offices is grateful for our amazing staff, not every business has been so lucky.

One of the biggest examples of this shortage lies within the medical industry. Doctor’s offices, insurance companies, and hospitals are apparently having a difficult time finding support staff. This is evident in the exceedingly long wait times for us to be able to contact them, the time it takes for a bill to be generated, and the time it takes to request bills and records.  Of course, we follow up regularly to move our cases along.. At Drucker law offices, we are determined to handle your case in a personal manner, and we will continue to timely push through these shortages to provide you with the justice you deserve.

Your slip and fall case may be taking longer than originally expected in Florida and here is why

As recently as the beginning of the coronavirus pandemic, businesses across the United States have been hit with staff shortages and higher than normal customer volume. Individually these problems typically readjust within a short period of time, but due to the pandemic and the current state of the economy, it is more difficult than ever for businesses to find necessary skilled workers. While Drucker Law offices is grateful for our amazing staff, not every business has been so lucky.

One of the biggest examples of this shortage lies within the medical industry. Doctor’s offices, insurance companies, and hospitals have had difficulty getting support staff since the pandemic. This is evident in the wait times we have had getting records for our clients’ cases.  This shortage has been an issue for our office, as well as our clients; it causes a delay in the system that can extend case turnaround times.  Of course, we are doing everything possible to move our cases and to follow up with the medical providers to get our clients’ records.  At Drucker law offices, we are determined to handle your case in a personal manner, and we will continue to timely push through these shortages to provide you with the justice you deserve.

Quick questions with quick answers in Florida personal injury cases: Should I tell my injury lawyer that the car that hit me was a restaurant delivery service like Postmates, Delivery Dudes, Door Dash, Uber Eats, Instacart, etc.?

Yes, this is very important information!  One thing that is important in an injury case is the available insurance, particularly if there are catastrophic injuries.  Generally, these food delivery services have high insurance limits while the driver of the car may have very low insurance limits or even no bodily injury coverage.  And on the […]

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Quick questions with quick answers in Florida personal injury cases: Should I tell my injury lawyer that the car that hit me was an rideshare like Uber or Lyft?

Yes! One thing that is very important in an injury case is the available insurance, particularly if there are catastrophic injuries. Generally, these ridesharing companies have high insurance limits (often $1,000,000) while the driver of the car may have very low insurance limits or even no bodily injury coverage. On the police report, there often […]

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Quick questions with quick answers in Florida personal injury cases: Why is an emergency medical condition (EMC) finding significant in a Florida car accident?

Basically, the EMC finding extends the PIP benefit to Florida insured from $2,500 to $10,000 and thus that is the significance of an EMC being found. In 2012, the legislature created a law in which Florida PIP benefits for medical would be $2,500 instead of $10,000, unless someone was found to have an emergency medical […]

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Quick questions with quick answers in Florida personal injury cases: I fell in a restaurant (or a grocery store, or the mall or a small business, etc.) and believe it was their fault but I don’t have health insurance; how can I see a doctor?

There is something called a letter of protection or a LOP which basically is signed by the client and often your lawyer. That document basically says that the doctor will treat you; however, the injured person is promising to pay the medical bill from any settlement of the lawsuit. Many doctors in the community will […]

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Quick questions with quick answers in Florida personal injury cases: I received 60 percent of my lost wages from a car accident from my PIP carrier; how do I collect the other 40 percent?

If someone else is at fault, you can make a claim against their bodily injury coverage for the 40 percent. If you are at fault, then you cannot collect the other 40 percent. Under Florida’s no fault laws, your own PIP pays 80 percent of your related medical bills and 60 percent of proven lost […]

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Quick questions with quick answers in Florida personal injury cases: I was hit from behind (rear end collision) and feel some pain; what do need to do to prove my injury case?

In Florida, you must prove a permanent injury (or the other enumerated criteria) to be entitled to pain and suffering or any other sort of non-economic damages. A finding of permanent injury is clearly a medical finding that would need to be found by some sort of doctor (medical doctor, doctor of osteopath, chiropractor, etc.). […]

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Quick questions with quick answers in Florida personal injury cases: Why do I have to pay owing medical bills following my car accident case in Florida? Why doesn’t the other insurance who is at fault pay them?

Basically, the answer is because the bodily injury settlement of the case includes the owing medical bills, assuming there is bodily injury coverage of some sort in the case (or uninsured motorist coverage). Generally, in a Florida car accident, the no fault insurance pays 80 percent of the medical bills and not 100 percent. Thus, […]

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Quick questions and Answers in Florida personal injury cases: What do I have to prove to recover pain and suffering type damages in a car accident?

Per Florida Statute 627.737 (2), which I pasted below, you must prove one of four things to be entitled to pain and suffering. The one we are generally dealing with (assuming someone didn’t die, or having significant and permanent scarring or the significant and permanent loss of an important bodily function) is a “permanent injury […]

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Quick questions and Answers in Florida personal injury cases: Do I have to repay my health insurance if they paid medical bills related to my accident?

Generally, the answer to this question is yes. In Florida, health insurance companies have subrogation rights as against personal injury cases. This generally has to be by contract (in other words there must be subrogation language in the health insurance contract and usually that is the case). In the case of medicare or medicaid, the […]

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Quick Florida personal injury questions and answers: I fell at the supermarket because there was water on the floor; do I automatically win my case?

This is not such an easy answer. To win an injury case, we have to prove liability (fault), damages (medical bills, lost wages, pain and suffering, generally) and causation (that this accident caused these injuries). This question primarily deals with liability. The first thing that is important is that just because you fell at the […]

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Quick personal injury questions and answers: Why does my car insurance pay my medical bills for a car accident? Why not the other car that was clearly at fault?

This is the most common question we get. Basically, the Florida No Fault Motor Vehicle Act in Florida requires everyone to carry PIP (no fault) coverage. This insurance pays your own medical bills (and wages) following an accident. Your insurance also pays for the medical bills of any resident relatives that don’t own a car, […]

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I was in a car accident in Florida and started going to the doctor for neck and lower back pain but now I am afraid to go for treatment as the coronavirus (Co-vid 19) numbers are on the rise again. Will this affect my Florida car accident case?

This is a tough question and I have addressed it earlier in the pandemic during the shutdown. I am regularly discussing this issue with my clients. As a starting matter, while I have been a lawyer for 26 years as of the writing of this blog, this is my first pandemic. And of course, it […]

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I need something notarized for my personal injury case but do not want to leave the house; can a notary be done virtually?

In 2019, even before the coronavirus pandemic, the Florida legislature passed Florida Statute sections 117.201 to 117.305, which went into effect on January 1, 2020.  These provisions authorize Florida notaries to perform online remote notarization, after they complete an application and training course.  Therefore, not any notary can do this but instead a remote notary […]

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Quick Question? Why Should My Car Insurance Pay the Medical Bills if Everyone Agrees that The Other Car Is at Fault for A Florida Car Accident? Why Should My CarInsurance Have Anything to Do with It?

Quick question? Why should my car insurance pay the medical bills if everyone agrees that the other car is at fault for a Florida car accident? Why should my car insurance have anything to do with it? This is a common question that people ask following a car accident. Florida is a no fault state […]

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I Fell at A Department Store, and Now Someone for The Risk Department Keeps Calling Me and Asking for A “recorded Statement”; Am I Required to Give Them a Recorded Statement?

Generally, no you do not have to give someone who you are suing a recorded statement. When you fall at any business establishment like a department store AND you believe it is their fault, you may ultimately make a bodily injury claim against the store. Thus, the store very well may forward the information about […]

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Quick Question? Do I Have to Repay My Health Insurance (what They Paid My Doctors that Treated Me for The Accident) from My Florida Personal Injury Settlement?

Generally yes, if health insurance pays your doctors that treated you for an accident AND you make a claim against someone for that accident, you must also seek to get those medical bills paid in the case and must repay the health insurance. This subrogation right of the health insurance company is generally by contract […]

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QUICK QUESTION (WITH QUICK ANSWER): I Was Injured in An Accident in Florida While Driving for Uber (or Lyft) and The Other Car Was at Fault but Does Not Have Any Insurance; Do I Have a Case?

Generally yes, as of the time of the writing of this, both Uber and Lyft carry uninsured motorist coverage for their drivers and the occupants of the car. Generally, these policies have $1,000,000 of uninsured motorist coverage (THIS MAY HAVE BEEN RECENTLY LOWERED TO $250,000.00 – NOTE THAT IT IS IMPORTANT TO CHECK THE POLICY […]

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QUICK QUESTION (WITH QUICK ANSWER): I Was Injured in An Accident in Florida While I Was a Passenger in An Uber (or Lyft) Vehicle and The Other Car that Caused the Accident Does Not Have Any Insurance; Do I Have a Case? Can I Sue Uber (or Lyft) in This Scenario?

Generally, yes you would have a case against Uber or Lyft’s insurance. As of the time of the writing of this, both Uber and Lyft carry uninsured motorist coverage for their drivers AND THE OCCUPANTS (CUSTOMERS) of the car. Generally, these policies have $1,000,000 (THIS MAY HAVE RECENTLY BEEN LOWERED TO $250,000.00 AND OF COURSE […]

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QUICK QUESTION (WITH QUICK ANSWER): I WAS INJURED AS A PASSENGER IN AN UBER (OR LYFT) IN FLORIDA BECAUSE ANOTHER CAR WAS AT FAULT BUT THAT OTHER CAR DID NOT HAVE ANY INSURANCE TO PAY FOR MY INJURIES; DO I HAVE A CASE?

Generally yes, as of the time of the writing of this, both Uber and Lyft carry uninsured motorist coverage for their drivers and customers in the amount of $1,000,000 (THIS MAY HAVE BEEN RECENTLY LOWERED TO $250,000.00 AND OF COURSE IT IS IMPORTANT TO CHECK THE INSURANCE POLICY AT THE TIME OF LOSS). Uninsured motorist […]

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QUICK QUESTION (WITH QUICK ANSWER): I SIGNED A RELEASE IN MY CAR ACCIDENT CASE IN FLORIDA BUT NOW I HAVE MORE PAIN; CAN I STILL SUE THE OTHER DRIVER OR THEIR INSURANCE COMPANY?

Generally, no. A release agreement basically states that the case is over, and you cannot sue the person released in the agreement. It is important to understand that when you resolve a case by accepting money from the insurance company for your injuries and by signing a release that you are completely resolving the case. […]

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How do I know if I need GAP insurance in Florida?

As we have discussed on the blog, GAP (Guaranteed Asset Protection) insurance covers you when you are upside down – meaning you owe more than the car is worth – and your car is totaled follow a car accident or other claim (theft, etc.). Oftentimes, it is the bank or lender that requires GAP insurance […]

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What is Gap Insurance and Do I Need It?

GAP Insurance, which stands for Guaranteed Asset Protection, is a form of car insurance coverage that provides coverage for the difference between how much you owe on your car, and how much it is worth, its ACV – actual cash value — at the time of the accident that causes the total loss. It is […]

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Why is the Florida department of motor vehicles requiring me to have SR-22 insurance to get my driver’s license back as I don’t even own a car?

If you cause an accident resulting in injuries and you do not have the required coverage, The Florida Department of Vehicles can suspend your license until you show proof of financial responsibility. Under Florida’s Financial Responsibility Law, you are required to show proof of coverage in the amount of $10,000 in bodily injury coverage per […]

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Can my license be suspended if I cause an accident in Florida and others are injured and I don’t have bodily injury coverage and cannot post the necessary bond?

Yes, you licence can be suspended in this setting even though bodily injury coverage is not legally required. It works against you if you chose not to carry bodily injury coverage and you cause an accident injuring others. Under Florida Law, The Florida Department of Motor Vehicles can suspend your license if you cause an […]

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Am I required to have bodily injury coverage in Florida?

           Technically, Florida Law does not require you to carry bodily injury coverage. Personal injury protection (PIP) coverage of at least $10,000 and property damage coverage of at least $10,000 is required by law. However, it is important to know that Florida has a Financial Responsibility Law. If you cause an accident resulting in injuries, […]

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Can I Be Found Partly at Fault Because I Did Not See the Uneven Sidewalk in My Community and The Accident Took Place in The Middle of The Day in Sunlight?

In Florida, there is comparative fault, which means that if a defendant is found negligent for an accident, the jury can consider the fault of the injured person and apportion some fault to them.  A classic comparative fault argument is where the defendant argues that the hazardous condition that the injured person fell on was […]

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Should I Give a Statement to The Insurance Company for The Car that Caused an Accident? Am I Required to Give a Statement to Them?

Generally, you are not “required” to give a statement to the other insurance company who caused an accident.  Generally, you are required to give statements to insurance companies that you are seeking “first party” benefits, like your own insurance company who is paying your medical bills in PIP, for example.  Generally, the car that caused […]

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I Fell at The Supermarket (publix, Winn Dixie, Albertson’s, Whole Foods, Trader Joe’s, Aldi’s, Presidente, Sedanos, Fresh Market, Costco, Doris Market, Bj’s, Sam’s Club) and Broke My Arm; Is that A Case?

First of all, as is talked a lot about on this site, solely because you fall does not mean the business establishment owes you anything, unless you can show they were negligent and that negligence was the legal cause of your injury.  You would have to show damages as well.  Here, it is stated that […]

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I Was in A Car Accident that Was the Other Car’s Fault and Told the Police that I Was Not Injured, Even Though I Felt Pain After I Left the Accident Scene; if The Police Report Says I Was Not Injured, Do I Still Have a Case Against the Other Driver?

A common situation is that people who are in car accidents do not feel the pain from car accidents until hours later or sometimes even days later. Under the law, there are primary elements of proof necessary to prove in a car accident.  1) fault.  2) damage.  3) causation. This question usually pertains to causation. […]

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I Was on A Highway and A Car Swerved Lanes, Causing an Accident Where I Was Injured, but The Car Continued and Was Never Located; Do I Have a Case?

The primary issue in today’s question deals with a hit a run driver.  Generally, in a lawsuit, you must have someone to sue.  Here, the person that caused the accident fled the scene and was never located.  That phantom vehicle is the cause of the accident and resulting injuries. Under Florida law, uninsured motorist coverage […]

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I Broke My Nose when I Fell at The Gym; Is that A Case?

A lot of injury cases are seen that take place at gyms. These establishments can be commercial gyms, fitness centers, or gyms in a community.  First, a lot of people go to these gyms throughout the day.  Secondly, people that go to gyms are moving weights around and accidents may happen.  Also, since many of these gyms have pools […]

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The Insurance Company for The Other Driver Came to My House a Few Days After the Accident and Gave Me a Few Hundred Dollars but Had Me Sign a Release and Now I Have Pain; Can I Sue Them?

Generally, a release agreement states that in exchange for one party getting money the other party is release from any lawsuit.  Thus, once a release agreement is signed, it would generally be a defense to any case seeking additional monies for injuries stemming against the person release for the subject accident.  In the case referenced in […]

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I Got Into a Fender Bender/ Small Accident and Decided to Exchange Insurance Information Instead of Calling the Police. Later, I Am Now in Immense Pain. Is It Too Late to Make a Claim?

There are a few present issues here.  The first is that, no matter how minor the accident, it is generally recommended that you call the police.  This way everything gets documented and the police will do an exchange of insurance information, among other things.  When people exchange information, sometimes the at fault person, realizing their […]

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I Have a Significant Problems with My Spine that Has Resulted in Many Surgeries. Now I Was in An Accident Where My Neck and Back Are in Pain; Can I Make a Claim on My Neck and Back?

To the question at point, if someone has had signficiant spine problems resulting in surgery, common sense suggests that if they were in some for of an accident, whether car accident, fall accident or otherwise, they are likely more susecptable to injury compared to someone with a perfectly health back. They key would be to show the differences, i.e. the aggravation. The good news is that people that have had signifcant problems with their backs usually have routine diagnostic tests and thus we know the exact state of their spine as of shortly before the accident. When the doctors compare the tests from shortly before to shortly after the accident, they can make a medical opinion as to the difference.

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What Is Uninsured Motorist (um) or Underinsured Motorist (uim) Insurance Coverage in Florida? Is It Required by Florida Law and Is It Important Coverage for Drivers to Obtain in Florida?

A common scenario arises in auto accident personal injury claims where someone is injured and the other person at fault for the accident has either no insurance, or not enough insurance to cover the injuries suffered. In Florida, underinsured/uninsured coverage is offered to policy holders, as a way to compensate for the unfortunate losses and […]

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I Was Injured as A Passenger in An Uber (or Lyft) in Florida Because Another Car Was at Fault but That Other Car Did Not Have Any Insurance to Pay for My Injuries; Do I Have a Case?

In the above scenario, as I have explained in other blogs, the recourse available is to sue the other driver (and owner of car if different) but oftentimes people without bodily injury insurance on their vehicles are not worth suing. Thus, the question becomes: is there available uninsured motorist insurance. As of the time of […]

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I Was Injured in An Accident in Florida While I Was a Passenger in An Uber (or Lyft) Vehicle and The Other Car that Caused the Accident Does Not Have Any Insurance; Do I Have a Case? Can I Sue Uber (or Lyft) in This Scenario?

In the above scenario, as I have explained in other blogs, the recourse available is to sue the other driver (and owner of car if different) but oftentimes people without bodily injury insurance on their vehicles are not worth suing. Thus, the question in this case becomes: is there available uninsured motorist insurance? As of […]

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I Was Injured in An Accident in Florida While Driving for Uber (or Lyft) and The Other Car Was at Fault but Does Not Have Any Insurance; Can I Have a Case?

In the above scenario, as I have explained in other blogs, the recourse available is to sue the other driver (and owner of car if different) but oftentimes people without bodily injury insurance on their vehicles are not worth suing. Thus, the question becomes: is there available uninsured motorist insurance. As of the time of […]

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Subrogation in Florida: Why Do I Have to Pay Back My Health Insurance (or Medicare or Medicaid or Workers’ Compensation) Insurance when I Successfully Pursue a Personal Injury Case Against a Third Party?

One of the more difficult things to explain to a client is health insurance subrogation, which is when we have to repay health insurance (or medicare, medicaid or even workers’ compensation) from the verdict or settlement of a personal injury cases. A few examples: 1) client falls at grocery store and health insurance pays all […]

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I Was Injured in A Car Accident in Florida but I Do Not Have Health Insurance. how Can I Get Hospital Bills Paid if I Do Not Have Health Insurance? how Can I See a Doctor if I Do Not Have Health Insurance when I’ve Been in A Car Accident?

Car accidents are very common particularly here in South Florida, where there are many cars and people who have to use a car to get to most locations. Further, many people do not have health insurance. The short answer to the question is that generally in a motor vehicle accident your medical bills should get […]

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I Experienced a Slip and Fall at A Supermarket Because There Was Water on The Floor from A Leaking Cooler. I Now Need Surgery. Would I Have a Case? What Are My Rights? / I Was Injured Because Another Customer Spilled Liquid on The Ground. Would I Have a Case?

In busy supermarkets there can be dangerous conditions that cause people to fall. First, it is important to understand that the store or supermarket is not automatically responsible SOLELY because you fell and were injured. The law is clear in Florida that the injured person has the burden of proving fault and that the owner […]

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I Was Injured in A Car Accident in Florida While I Was Working and There Is Presently a Worker’s Compensation Case Pending; Can I Also Hire a Personal Injury Lawyer to Sue the Person Who Caused the Accident?

  Generally, in Florida most employers have workers’ compensation insurance. This insurance pays the medical bills and lost wages of people that are injured at work. It is a no-fault system, so in most instances there is a workers’ compensation case when someone is injured at work, on the job, etc. If the employee is […]

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Can I Hire an Attorney when The Police Report Is Not Ready Yet?

In some jurisdictions, the police or community service officer, after investigating an accident gives each party a full police report. In other places/areas, the police or officer will give the people involved in the accident an “Exchange of Information” form. the Exchange of Information form lists the insurance companies and the parties involved in an […]

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What Is a Failure to Yield Accident in Florida?

A common question the law firm gets  is what is “failure to yield the right of way” and what does this mean in terms of who is at fault. So today’s topic will focus on this question. In car accident cases here in Florida, as a general matter a car that is approaching an intersection […]

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Causation Issues – Part 3 (prior Injuries to The Same Body Part and How Such Cases Are Handled)

Some people believe that if they have injured their neck before and are involved in an accident that they CANNOT claim injury to their neck. Obviously, the injuries that were there cannot be claimed but there CAN be an AGGRAVATION to the same part. So yes, even though you may have injured your neck, for example, and are involved in another accident, you can still claim injury to your neck as an aggravation injury.

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Causation Issues- Part 2 (delays and Gaps in Treatment)

In the last blog entry, I spoke about causation. Causation is defined as the element of a personal injury case which connects the liability aspect of a case to the damages itself.  As explained, under Florida law, the plaintiff bears the burden of proving three elements: defendant is negligent; the plaintiff sustained damages (medical bills, […]

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Accidents Where a Car Was Speeding

As written about in prior posts, Florida is an at fault state when it comes to fixing the cars that are damaged in an accident, and payment of monies for injuries (other than for certain medical bills and wages that are covered by the no-fault personal injury protection insurance). And while there are general fault […]

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Who Pays for Wages in A Motor Vehicle Accident?

In Florida, owners of cars are required to carry some amount of car insurance – Personal Injury Protection (PIP) and Property damage coverage.   PIP pays 80 percent of medical bills and 60 percent of wages to a total of $10,000.00.  Some people have a PIP deductible of up to $1,000.00. Wages claims are generally presented as […]

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Rear End Collision Accidents – Who Is at Fault?

At the law offices, there are so many questions about rear end collisions.  Who is at fault?  Is the Car from behind always at fault?  Can the fault be divided between the cars? First, it is important to understand that every case is different and that ultimately, if the parties cannot agree as to fault, […]

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Rules of The Road: Who Is at Fault when An Accident Happens While an Ambulance Has Its Sirens on And the Cars Pull to The Side of The Road? What Should I Do as A Driver when An Ambulance with Its Sirens and Exhaust Whistle Is Nearby?

Below are the rules of the road that discuss what to do when there is an emergency vehicle en route to meet an existing emergency as contained in Florida Statute 316.126. If you have been in an accident involving an emergency vehicle, please feel free to call Drucker Law Offices. 316.126 Operation of vehicles and actions […]

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Do I Have to See a Chiropractor After a Car Accident in Order to Have a Personal Injury Case?

Chiropractors have become extremely popular with people in South Florida after people have been in an accident. I believe this is for several reasons. First, the most common injury is neck and back injuries and chiropractors specialize in those injuries. Further, chiropractors have marketed the accident cases better than medical doctors. Lastly, many people believe that the are “required” to go to a chiropractor in order ot have a personal injury case.

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I Was in An Accident in Florida and The Other Insurance Company Just Offered Me $500 but I Have to Sign a Paper; What Does All of This Mean?

While this is not common, some insurance companies offer plaintiffs (people in the other cars who potentially will be suing them) money, usually something nominal, to resolve a case shortly after an accident.  Before they are going to pay the money, they want the plaintiff to sign a “release.”  The important thing to remember with […]

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Someone Stole My Car and Seriously Injured Another Person; Can I Be on The Hook for Their Injuries Because I Owned the Car?

In Florida, the Dangerous Instrumentality Doctrine generally establishes that the owner of an inherently dangerous tool is liable for any injuries caused by that tool’s operation. In 1920, the Florida Supreme Court in Southern Cotton Oil v. Anderson, 80 Fla. 441, 469 (Fla. 1920), extended the doctrine to include motor vehicles.  Said another way, Florida’s dangerous instrumentality doctrine […]

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How Do Medical Bills Get Paid

At Drucker Law Offices, I get a lot of questions about the cost of medical treatment when my clients are in car accidents.  People see explanations of benefits showing “allowable charges” from their car insurance and they are unclear as to how much treatment they are entitled to under PIP’s $10,000.00 coverage.  Our accident attorney […]

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In Florida, Do I Have to Pay Back My Automobile Insurance Company for The Pip Benefits that They Paid Towards My Medical Bills and Wages, if I Recover Monies from Another Person or From an Insurance Company?

In Florida, with some insurance, when the insurance pays your medical bills or pays you lost wages following an accident, you may have to pay it back pursuant to statute (law) or the terms of the agreement, assuming you sue a third party and recover monies.  With Florida PIP insurance, the law does NOT allow […]

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Who Pays Your Medical Bills Following a Car Accident in Florida

Many common questions that I get are about which insurance company is responsible to pay for the medical bills in an accident. Generally, in Florida, in a car accident, your own car insurance pays for your medical bills (at 80 percent of allowable charges to a total of $10,000.00; note:  the $10,000.00 encompasses 80 percent […]

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Three Car Rear End Collisions in Florida

Another very common type of car accident is the three car rear end collision.  There is a lot of confusion as to whether one or two cars are at fault and who you can sue.  This blog entry will discuss some of these issues.  Bear in mind that every case is case specific and it […]

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What Adds Value to My Car Accident Case in Florida?

In the last blog entry on this topic, I was discussing what adds value to your car accident case.  The two things that were referenced were gaps in care and being sure that all injuries are documented by your doctors. In this blog entry, I am going to discuss the professionals that you hire following […]

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Rear End Collisions in Florida

One of the most common types of two-car, car accidents is the rear end collisions accident.  A common question in car accidents cases is whether the car from behind is automatically at fault.  In Florida, there is a presumption that in a two car rear end collision, the car from behind is at fault.  This […]

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The Florida Accident Report Privilege

In my experiences as a personal injury attorney more often than not, there is agreement as to who is the cause of a car accident.  In the most common type of car accident, a rear end collision accident usually the person who hits the other from behind agrees that he or she is at fault.  […]

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Why Should My Insurance Pay the Medical Bills if Everyone Agrees that The Other Car Is at Fault for A Florida Car Accident? Why Should My Insurance Have Anything to Do with It???

This is a common question that people ask following a car accident. Florida is a no fault state which means that your own insurance pays your medical bills following a car accident. The reason generally ascribed to answering this is that the lawmakers wanted to be sure that everyone had some insurance to pay medical […]

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I Was in An Accident in Florida and My Florida Pip Is Paying My Medical Bills; Why Is Some of My Settlement Going to Pay Doctor Bills if The Pip Paid the Bills?

Generally, Florida’s no fault PIP (personal injury protection) insurance pays 80 percent of the medical bills (generally not 100%) and pays up to $10,000.00. You may also elect up to a $1,000.00 deductible. Thus, generally ALL of one’s medical bills are NOT paid through PIP and there are generally balances at the end of a […]

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Can I Negotiate My Personal Injury Lawyer Contract?

Of course!   Generally, fees in injury cases in Florida (assuming the value of case is less than 1 million dollars; under the standard agreement the fees get reduced for resolutions above 1 million dollars) are 33 1/3 percent when a case resolves before a lawsuit and 40 percent after a lawsuit is filed where […]

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Can I Sue if I Was Injured at A Construction Site or Warehouse in Florida?

Generally, if someone else is at fault and you are injured, you can sue them for your injuries. If you are working, you may be entitled to workers’ compensation. Interestingly, under workers’ compensation laws in Florida, if you are collecting workers’ compensation, then you CANNOT sue your employer. This is called workers’ compensation immunity. Thus, […]

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I Was Walking in A Parking Lot in Florida Pushing a Shopping Cart, when Suddenly a Vehicle Cut Me Off to Get Into a Spot and Collided with The Chart. the Impact Caused Me to Fall to The Ground. Do I Have a Case?

This is more common than you think and I believe, under the facts as presented, that this is a viable case against the owner and driver of the vehicle. The first issue is that since the car did not hit the person, can the person sue the driver of the car. Since the car caused […]

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In Florida, Does It Matter What College or Law School My Personal Injury Lawyer Went To? or If He Practices Personal Injury Law Solely or Handles Other Types of Legal Matters?

In life, everyone has different wants and needs.  Some people prefer a lawyer that went to an Ivy League college and/or law school.  Other people prefer to hire lawyers from local school.  Most people, in my experiences, really don’t focus on the school but more on the lawyer’s service. Some people want a lawyer that […]

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How Much Are Lawyer Fees in An Accident Case in Florida?

Generally, what my law firm charges and what I see most of my competitors charge in Florida is 33 1/3 percent for a case that resolves presuit, 40 percent for a case that resolves after a lawsuit has been filed and answered by the defendant and 33 1/3 percent for a case that resolves after […]

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Value of Car Accident Case in Florida – Lower Back Injury?

It  is not easy to give a value of a case with limited information.  In lower injury cases, someone can undergo a  lot of different treatment courses.  Sometimes people have very small lower back injuries that require less than $2,500 of therapy treatment where at the end the client feels back to normal.  On the […]

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How Long Does It Take to Resolve a Florida Automobile Accident Case?

This very possibly could be the most common question that I get as a Florida accident attorney. The answer obviously depends on many factors. First, the insurance is going to play a big part in this. If there is limited insurance with a bigger injury, then often times the cases resolve relatively quickly (and this could include weeks or a few months from the accident). Generally, if there is sufficient insurance, then the next large variable is how long the client treats for the accident, which will vary from injury to injury. If a client treats with their doctors for 6 months before being finalized, then obviously the case cannot resolve within 6 months. Once the client finishes treatment, the lawyer will obtain the medical records and that could be a two to six week process of getting the records (depending on what the treatment course was and how many different providers the client saw). Many cases with smaller injuries have treatment that lasts 2 to 4 months and thus resolves within 6 months. Once the case gets into pre-suit settlement negotiations, then if the case settles, the client generally would get their money within a few weeks from that point. However, if the client and insurance company cannot agree on a settlement without litigation, then a lawsuit would generally be filed. From the point in which a lawsuit is filed, a trial would generally not be set for at least one year. Within the court process are many other opportunities to resolve the case, the most significant being mediation which is generally court ordered and mandatory. While generally a trial would mark the end to the case and the point in which monies would be exchanged, there always could be an appeal by either side, which could delay things even more. In general, there is not an easy answer as to how long it takes to resolve a Florida automobile accident case and it varies from case to case.

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Do I Have to Carry Personal Injury Protection (pip) in Florida?

Yes, you are generally required to carry personal injury protection (PIP) on your vehicle in Florida. It pays 80 percent of your medical bill and 60 percent of your lost wages in an accident, up to $10,000.00, regardless of fault. Some vehicles – taxi, municipal bus, for example – are not required to have PIP coverage. But yes in general PIP coverage is required in Florida.

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In Florida, Do I Have to Pay Back My Workers’ Compensation Insurance Company for The Their Payments Towards My Medical Bills Following an Accident, when I Make a Third Party Case Against an Entity Other than My Employer?

Generally, you have to repay your workers’ compensation insurance company for payments towards your medical bills, if you recover money from another insurance company for a third party case.  For example, if you are working and get into a car accident, your workers’ compensation insurance may pay some or all of your medical bills.  If […]

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I Fell at A Store in Florida, Was Injured, and The Insurance Company Says that I Am Not Entitled to Anything as What I Fell on Was “open and Obvious.” Are They Right?

This is a difficult question.  Florida follows comparative fault, which means that a jury can apportion fault between the parties to a lawsuit.  Before you get to comparative fault, a jury would have to find the defendant to be legally responsible for the injury.  There is a string of cases that basically says that some […]

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In Florida, Do I Have to Pay Back My Automobile Insurance Company for The Medical Payment Benefits that They Paid Towards My Medical Bills?

The basic answer is sometimes you do have to repay your own automobile insurance company the monies they have paid out for medical payment coverage.  Medical payments is different, in Florida, from Personal Injury Protection or PIP.  Generally, in Florida there is no right for the automobile insurance company  to be reimbursed for payment of […]

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How Long Does It Take to Resolve a Florida Slip and Fall or Trip and Fall Case?

The answer here depends on several different variables. First, the amount of insurance coverage impact this issue. If there is a small insurance policy with a more significant injury, then many times, the cases resolve within a very short time (and it could be very shortly after the accident). Generally, if there is enough insurance, then the next large variable is how long the treatment course lasts, which will vary from person to person and injury to injury. If a client treats with their provider for 6 months before completing treatment, then obviously the case cannot resolve within 6 months. Once the treatment concludes, the lawyer will obtain the bills and medical records which could be a two to six week process (depending on the amount of providers, etc.). Please understand that many cases with smaller injuries have treatment that lasts 2 to 4 months and thus does resolve a short time or even within 6 months. Once the case gets into settlement negotiations, then if the case settles without the need for an actual lawsuit to be filed, then the client generally would get their money within a few weeks from that point. However, if the parties cannot agree on a settlement, then a lawsuit would generally be filed. From the point in which a lawsuit is filed, a trial date in most counties takes a year to be set (first case has to be ready for trial and then case gets set). Within the court process are other opportunities to settle the case, the most significant being mandatory court ordered mediation. While most of us say that a trial marks the end to the case, there always could be an appeal, which could delay things even more, 9 months to a year. In general, there is not an easy answer as to how long it takes to resolve a Florida slip and fall or trip and fall case and it varies from case to case.

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What Is Comprehensive Coverage for A Car in Florida?

Generally, comprehensive coverage is insurance coverage for your car that supplements collision coverage. Collision coverage fixes your car when it has been in an accident or collision. However, if your car has been vandalized, stolen or damaged by a hurricane or storm, then comprehensive coverage will fix your car (or total it out). This coverage depends on the wording of the policy.

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What Is Collision Coverage for A Car in Florida?

Generally, collision coverage pays to fix your car (or total it out) when you are involved in any accident or collision. It generally deals with body damage but could deal with structural or mechanical issues, if the policy allows and if related. This coverage is not required by Florida law. Oftentimes, if you have a loan against the car, your bank may require you to have this coverage as a condition of the loan.

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How Much Bodily Injury Insurance Coverage Should I Carry on My Car in Florida?

This is a very difficult question to answer. There are two general reasons to have bodily injury coverage – legal and moral. From a moral perspective, it is nice to have bodily injury coverage so that if you were to injure someone there would be coverage for that. From that perspective, you should carry as much as you can afford. Legally, it is more important to have higher limits if you have high income and assets. Obviously, if you were to have higher limits, this more protects you if you were to get sued. On the other hand, if you have no income and are judgment proof, then there would be little reason to carry high bodily injury limits, legally. In general, it is wise to consult an attorney, your financial adviser and other professionals to figure out an appropriate amount of bodily injury coverage for your situation.

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Why Should I Carry Bodily Injury Insurance Coverage for My Car in Florida?

Generally, bodily injury insurance indemnifies you against a judgment when you cause an accident. It also generally provides a defense. Thus, if you are sued for an accident in your car during the policy period, the insurance hires you a lawyer (and generally pays any amount of lawyer fees and costs) and pays a judgment entered against you (but ONLY up to your policy limits). Thus, this insurance is very important to have to protect you against being sued.

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What Is the Value of My Florida Personal Injury Case – Pain and Suffering?

If someone is negligent and causes you injury, you may be entitled to pain and suffering (Note: in car accidents in Florida, there is a threshold, which often is permanent injury but there are other options, before you are entitled to pain and suffering. Generally, pain and suffering is proven by testimony of the pain and the suffering and how the injury has impacted the injured person’s life. Pain and suffering is part of non-economic damages which includes loss of the enjoyment of life, disfigurement if applicable, etc. Pain and suffering is generally awarded by dividing it into past and future. Oftentimes, future pain and suffering is figured by seeking an amount per year and using the mortality tables to estimate how much longer the person will live. There is no exact standard for a jury awarding pain and suffering, which is what makes valuing pain and suffering so difficult.

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What Is the Value of My Florida Personal Injury Case – Future Lost Wages and The Loss of Earning Capacity?

If someone is negligent and you are injured such that you are unable to do your job, you may be entitled to future lost wages and monies for the loss of earning capacity. This is generally proven by expert testimony of vocational experts, doctors and accountant experts. A simple example would be someone who makes $1,000.00 per week as a body shop mechanic but after the accident, they can no longer do that work and can only do work that earns $500.00 per week. Here the claim for wages could be for the difference – $500.00 per week – for the rest of the injured person’s work life.

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What Is the Value of My Florida Personal Injury Case – Lost Wages?

If someone else is negligent and you are injured, you are entitled to lost wages presuming they are related to the accident. This can be proven by testimony of the injured person as to why they missed the work and how much they earned. This could be corroborated by testimony of the employer explaining the time missed from work and the wage lost as well as by expert testimony of a doctor explaining the basis of the injured person’s inability to work. By easy example, if you are hospitalized for a week due to a car accident and earn $500 per week, part of your claim against the other driver is for $500.

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What Is the Value of My Florida Personal Injury Case – Medical Bills Part?

If someone is negligent and causes you injury, then you are entitled, amongst other things, to medical bills that are necessary, reasonable and related. This would include past and future. Generally, computation of past medical expenses is simply totaling the medical bills as of the date of trial. Future medical expense is a more complicated formula as generally expert testimony from a doctor would be necessary to compute the treatment that is needed in the future. Of course, there are other aspects of the value of a case that will be referenced in other blog entries.

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How Does Available Insurance Impact the Value of My Florida Personal Injury Case?

Insurance plays a huge part in what you can obtain for an injury case. The value of the case is the value. But if a jury awards you $1,000,000.00 and you are not able to collect any of it because the other person has no insurance and has filed for bankruptcy, then perhaps the true value of the case is nothing, as you are not able to collect the value of the case. Unfortunately, in Florida, it is legal to drive without bodily injury insurance. You must have personal injury protection (PIP) and property damage coverage but you are able to drive legally without bodily injury. Bodily injury coverage is what pays the other person for their injuries. Some states have mandatory bodily injury coverage, some higher than others. The nice part about insurance is that if you sue another person who has insurance and if you win the case in court, the insurance generally will pay you the money. That is whole idea of insurance.

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What Is the Value of My Florida Personal Injury Case?

In my opinion, the value of a case is what a jury will award you for your injuries. The problem is that there is not an exact science. Your claim for past medical bill and past lost wages may be straightforward in that you are seeking exact sums of money to compensate you for your loss. However, there are the non-economic claims, what is generally known as “pain and suffering” which is much more difficult to put finite numbers on. A defendant can always challenge your past medical bills and past lost wages (they could say they are not related, etc.). With pain and suffering, no matter what you ask for, a defendant can always suggest that you should get less or nothing. Part of the reason for hiring a lawyer is for their expertise in valuing an injury case. There are many tools a lawyer can use: his or her own experiences, past jury verdicts of similar cases, etc. In sum, this is not as straightforward as you would think. Plus, see further posts on the available insurance and how that impacts the value.

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In Florida, Can I Treat with A Chiropractor After a Car Accident and Will It Get Paid by Florida Pip Car Insurance?

Yes, under Florida law, an injured person can treat with a chiropractor and Florida PIP will generally pay those bills under the fee schedule (which is generally 200 percent of medicare). PIP generally pays $2,500 towards your medical bills if you do not have an “emergency medical condition” as defined under the law or $10,000 if you do have an emergency medical condition.

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Uninsured or Underinsured Motorist Coverage in Florida – What Does It Mean?

A lot of people in Florida think that their bodily injury insurance pays them money when they have bodily injury to their bodies. In fact, in Florida, bodily injury coverage pays others money when you cause an accident. It protects you by protecting your assets by providing a lawyer and a cushion of payment (up to your bodily injury limits) for anyone that sues you for injuries stemming from an accident. Uninsured motorist coverage pays YOU money when someone else causes an accident and does not have any insurance or have any bodily injury insurance. Underinsured motorist coverage pays you money when the at fault driver has some insurance but not enough. In that situation, your underinsured motorist coverage pays you money over and above the other person’s bodily injury limits.

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In Florida, Do I Have to Go to The Hospital or To a Doctor Within 14 Days for A Car Accident? What Is the 14 Day Rule?

In Florida, everyone is required to have Personal Injury Protection (PIP) which pays for 80 percent of medical bills and 60 percent of lost wages. Under the current law, PIP pays $2,500 towards your medical bills if there is NOT an emergency medical condition or $10,000 if there IS an emergency medical condition. The law then defined emergency medical condition and put certain conditions on what type of doctor could make the emergency medical condition finding (a medical doctor, doctor of osteopathics, amongst other types of providers). A second part of the law that was changed that went into effect on January 1, 2013 states that there must be some form of treatment, whether at the hospital OR with a medical provider WITHIN 14 DAYS OF THE DATE OF THE ACCIDENT, otherwise PIP would not have to pay any of the medical bills. To some degree, this law was passed as some people were treating for accidents for the first time several years after the accident. The law needed to decide on some dividing line and it picked 14 days as the time frame.

So what is important to understand is that if you have been in an accident in Florida, YOU MUST go to the hospital or to a medical provider and treat for the accident within 14 days otherwise your PIP insurance will not have to pay your medical bills. Particularly in instances where an injured person in an accident does not have health insurance, this is very, very important. If you have any questions about the law, please feel free to call me, Gary Drucker, and I will be glad to discuss this with you.

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In Florida, Can I Treat with A Medical Doctor After a Car Accident so That It Can Get Paid by The Florida Pip Insurance?

Yes, under Florida law, an injured person can treat with a medical doctor and Florida PIP will generally pay those bills under the fee schedule (which is generally 200 percent of medicare). Effective January 1, 2013, PIP generally pays $2,500 towards your medical bills if you do not have an “emergency medical condition” as defined under the law or $10,000 if you do have an emergency medical condition. It generally pays at 80 percent.

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Is Florida Pip Insurance Still $10,000? or Was It Lowered to $2,500?

Effective January 1, 2013, Florida PIP is $2.500 if an injured person does not have an “emergency medical condition.” Florida PIP is $10,000 if an injured person has an “emergency medical condition.” Interestingly, the law lists the type of providers that are able to find an emergency medical condition and it lists medical doctors, doctor of osteopathic, and several other providers but does not include a chiropractor.

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Uninsured or Underinsured Motorist Law in Florida – Is It Good Insurance to Have on Your Vehicle? Is It Required by Florida Law?

Uninsured motorist coverage may be the most important insurance that you have on your car in Florida. As Florida law does not require people to carry bodily injury on their vehicles, many people are driving in Florida without bodily injury insurance and other are driving, albeit illegally, without any insurance on their vehicles. In this situation, if the other driver does not have bodily injury insurance, your only recourse to collecting money for your injuries is with uninsured motorist coverage. Uninsured motorist coverage also covers underinsured scenarios, like when someone has some insurance (like the minimum limits of $10,000 per person) and yet your injuries are much higher. In that situation, your underinsured motorist coverage protects you by paying you money over and above the insurance of the at fault driver. This uninsured motorist coverage insurance is not required by Florida law but it is very important to have if you can afford it.

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I Own a Car in Florida and Have Florida Pip Insurance and Medical Payment Coverage? Does that Pay 100 Percent of My Medical Bills?

Generally, yes PIP plus medpay should pay 100 percent of your bills. However, up to how much bills is the question you will need to look at the policy. Florida PIP, as of January 1, 2013, pays either $2,500 or $10,000, depending upon whether you have an “emergency medical condition.” If you have $5,000 of medical payment coverage (the most common amount, in my experiecnes), then your insurance would pay 100 percent of the medical bills up to $7500 (if no emergency medical condition) or $15,000 (if you have an emergency medical condition).

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Under Florida Law, Is Pip, the Insurance that Pays Your Medical Bills, Generally $2,500 or $10,000.00?

Effective January 1, 2013, Florida PIP is generally $2,500 but increases to $10,000.00 if the injured person has an “emergency medical condition.” The law defines an emergency medical condition. Interestingly, the emergency medical condition can only be found by certain providers, a medical doctor, doctor of osteopathics and certain other enumerated providers but does not include a chiropractor. A client can treat with a chiropractor under Florida PIP but to get to the $10,000 of medical benefits, the injured person must have one of the enumerate specialists find the “emergency medical condition.”

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In Florida, Does Pip Pay All of My Medical Bills Following an Accident?

Generally, PIP pays 80 percent of medical bills, not 100 percent and it generally pays to $2,500 or $10,000 depending upon the extent of the injury (see prior blog posts on “emergency medical conditions”). Further, the law allows you to have up to a $1,000.00 deductible, which means that the first $1,000 of medical bills do not get paid and are your responsibility. Some insurance companies offer medical payment coverage, which pays the 20 percent copays.

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It Has Been 15 Days Since My Florida Car Accident; Can I Go to The Doctor? Does My Florida Pip Have to Pay Those Bills?

Under a new law passed in Florida that went into effect January 1, 2013, if you do not go to the hospital OR a doctor within 14 days following an accident, your own PIP insurance does not have to pay your medical bills. Thus, if in 15 days you have not treated at the hospital OR with a doctor, then your automobile insurance does not have to pay your bills. You can still go to a doctor through your health insurance. If there is another car that is at fault, you also can still make a claim against that other car’s insurance for your injuries. But under the new law, your own PIP insurance will not be responsible for any of the resulting medical bills.

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Is There a New Rules Under Florida Law Where You Have to Treat at A Hospital or With an Authorized Provider Within 14 Days of An Accident in Order for Pip Insurance to Pay Your Medical Bills?

Generally, the answer is yes. Under a new law that started January 1, 2013, you must go to the hospital OR to an authorized physician within 14 days in order for PIP to pay your medical bills. If you are not at fault, you could still have a claim against the wrongdoer (the person that caused the accident) for your medical bills and for pain and suffering, if you meet certain statutory criteria.

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In Florida, Is There a Way to Find out Whether the Person that Caused an Accident Has Car Insurance?

Generally, when you are in an accident, the investigative police officer will ask all parties for their insurance information. If you do not have it, he very well may issue you a ticket for not having the license. Thus, the easiest place to get the other person’s insurance information following an accident is on the police report. However, if the other driver does not have the insurance information, then the policeman cannot put the insurance information on the police report.l This happens for various reasons: the driver simply lost the insurance card or did not bring it with him/her, the driver is not the owner of the car and does not have the insurance information, or of course there is a possibility that the car does not have insurance and is being driven illegally.

In Florida, in order to get a license tag and to get your tag renewed, you must prove to the State of Florida that you have valid car insurance with the minimum coverages required by Florida law. All of the insurance information is kept in a central location by the State. Thus, I regularly write to the State of Florida on behalf of my client seeking the insurance information of the other car. Contemporaneously with that letter to the State, I also write to both the owner and driver of the car seeking their insurance information directly. Within a couple weeks, I will get a response from the State advising of the other driver’s insurance or sometimes it may advise there is no record of the insurance. In terms of writing directly to the owner and driver, in some instances those clients forward my letter directly to their insurance company and I get a response from the insurance company and other times I get a letter from the owner/driver giving me the insurance information. Of course, in some instances, we do not find insurance.

Other options are that a lawsuit could be filed against the owner and driver of the car and through the legal process you can find out the insurance, assuming there is insurance on the vehicle.

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Am I Entitled to Money if I Almost Fell in The Mall in Florida Because There Was a Leak in The Ceiling and It Was Raining?

Assuming that if you did not fall and you were therefore not injured, then NO you would not have a case. Even though in this situation, the mall may have been negligent by having a leak in the ceiling and not warning you about it, if you are NOT injured, then you have no damages and without damages you generally would not have a case. To have a case in Florida, you must have a) fault, b) damages and c) causation, that the damages claimed were caused in the subject accident. Some people think that just because a business was negligent (by having a leaky ceiling) that they are entitled to money but if you do not have damages, then you would not generally have a case according to Florida law.

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Uninsured or Underinsured Motorist Coverage in Florida – What if The Car that Fled the Scene Never Hit Me but Veered in My Lane, Causing the Crash? Is that A Case?

Generally, under Florida law, if you have uninsured motorist coverage, this will protect you when the other car has no insurance and when the other car hits you and flees (hit and fun) or if the other person causes the accident and flees, like in the scenario above (phantom vehicle scenario). This is the phantom car scenario and generally the uninsured motorist coverage will apply to this scenario. The actual result of this coverage may depend on the language in your uninsured motorist policy in Florida. Some people think that because the other car fled the scene of the accident and there is no one to sue, that they don’t have an injury case. However, if the injured person owns a car with uninsured motorist coverage or even if the car they were in had uninsured motorist coverage, there may be a case against the insurance company to pay for the injuries caused by the phantom driver/car. Thus, if you have been in this sort of an accident and seek a free consultation, please call me.

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I Was Assaulted in The Parking Lot of A Restaurant in Florida and Was Severely Injured; Is that A Case?

The best answer to this is yes, you may have a case but it would be case specific. Clearly, if someone purposely injured you, you would have an intentional tort case (Battery, etc.) against the person that injured you. In order for there to be liability against the property owner, you would have to prove some form of negligence and the most common case would be a negligent security case. These cases are often proven by looking at the crime grid and determining whether there have been crimes in the area, and that way you could show a jury that the business or restaurant in this instance is on constructive notice of prior crimes in the area. There are many more issues that would need to be looked into. Did the restaurant have any security? Was there lighting in the parking lot? Was there an off duty policeman for the restaurant? Are there any other security measure being taken by the restaurant to prevent criminal activities. The difficult thing is that it is not possible for a business to prevent ALL crimes. The issues in negligent security cases often fall upon whether the crime in the particular case was foreseeable and whether the security was sufficient given the area. These are not easy cases and expert testimony of some type of security expert is generally needed to prove such a case.

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I Fell at A Department Store (macy’s, Bloomingdales, K-Mart, Sears for Example) and Now Someone for The Risk Department Keeps Calling Me and Asking for A “recorded Statement”; Am I Required to Give Them a Recorded Statement?

Generally, when you fall at any business establishment like a department store AND you believe it is their fault, you may ultimately make a bodily injury claim against the store. Thus, the store very well may forward the information about your fall to their insurance department or sometimes the larger retailers have captive risk departments (which are effectively like in-house insurance departments) to investigate your claim. From THEIR standpoint they want to investigate all of the facts and this would include taking a recorded statement of any witnesses including the injured person. Generally, if the retailer has insurance, you are making a third party claim against the insurance and thus generally, under Florida law, the retailer or their insurer would not have a RIGHT to take your recorded statement before litigation is begun. You can voluntarily give such a statement however but we will discuss why that may not be a great idea below. It is important to note that some retailers have insurance that contain medical payment provisions and in those cases you may be required to give a statement in order to claim medical payment coverage.

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What Is Uninsured Motorist Coverage in A Car Insurance Policy in Florida? Is This Good Insurance to Have in Florida? Is It Required in Florida?

Generally, uninsured motorist coverage in Florida covers you by paying you money for your injuries when you are in an accident in Florida and the at-fault driver does not 1) have any insurance on the vehicle or 2) does not have any bodily injury coverage on the vehicle. It also pays for accident where the at fault driver flees the scene of the accident. In Florida, uninsured motorist coverage also includes underinsured motorist scenarios (you don’t buys these separately in Florida; they are purchased together generally) and thus if the at fault driver has bodily injury insurance but your injuries exceed the value of that coverage, then you underinsured motorist coverage pays you monies over and above the bodily injury limits. This coverage is not required by Florida law; however, if you do purchase bodily injury coverage then Florida law requires the insurance company to offer you uninsured/underinsured motorist coverage up to your bodily injury limits. The law allows you to reject uninsured motorist coverage if you purchase bodily injury insurance but generally you must reject the uninsured motorist coverage in writing. Uninsured motorist coverage is very good and important insurance to have in Florida. It is not required as discussed above.

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What Is Comprehensive Insurance in A Car Insurance Policy in Florida? Is This Good Insurance to Have in Florida? Is It Required in Florida?

Generally, comprehensive is a separate coverage from collision insurance. Collision insurance protects your car when you are in an accident or crash the car into something, resulting in body damage. Comprehensive insurance protects the body of your car and your car in other scenarios, like theft, vandalism, and hurricanes, for example. It is important to note that collision is separate from comprehensive insurance, although it is purchased separately. Some people buy one or the other and think they have purchased both but you have to buy both coverage to get the benefit of both insurances. This insurance generally comes with a deductible – $250, $500 or $1,000. Thus, if you have a very inexpensive vehicle, then this insurance may not be needed; however, if the car is very expensive, then it would be a good idea to have comprehensive insurance. If you have a loan against the car, the bank will commonly require you to carry both comprehensive and collision coverage. If you do not have a loan against the car, then Florida law does not require this insurance be carried.

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What Is Bodily Injury Insurance on A Car Insurance Policy in Florida? Should I Carry This Insurance on My Automobile Insurance Policy and If so Why?

Generally, in Florida, bodily injury insurance is insurance that pays for someone else’s injury that you cause while driving your car. This insurance protects you in that if someone sues you for a car accident that you cause, then your insurance will a) hire you a lawyer to defend the case and b) indemnify you against judgment (i.e. pay for a judgment) entered against you up to your policy limits. Thus, this insurance protects YOU by paying the person that you injure. Obviously, the money goes to the injured person but if the insurance company is able to resolve the case within your policy limits or pays a judgment within your policy limits, then your assets are protected. Further, I believe that most people would agree that even if they had no assets that it is a good idea to have insurance to pay another person if you would happen to accidentally cause an accident. Many people think that the bodily injury insurance pays THEM monies when someone else injures them but that is not the case. The bodily injury insurance does protect YOU but it protects you from a judgment (up to policy limits) and hires a lawyer to defend the case and pay the costs of litigation.

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What Is Collision Insurance in A Car Insurance Policy in Florida? Is This Good Insurance to Have in Florida? Is It Required in Florida?

Generally, collision coverage pays for any damage to your car caused by a collision. This collision could involve another car or even if you crash the car into a mailbox or a tree, for example. Even if someone else is at fault, this insurance can still cover you. Sometimes the at fault vehicle does not have insurance or if you have an expensive car they may not have enough insurance to fix your car, so it is a good idea to have this sort of insurance. For the most part, this insurance comes with a deductible – most commonly $250, $500 or $1,000. Thus, if you have a $500 car, it may not make the most sense to have collision coverage. On the other hand, if you have a $30,000 car, it is a good idea to have this coverage. It is important to note that there is another distinct coverage called comprehensive coverage, which fixes your car in other scenarios, like vandalism, theft, hurricanes, etc. The collision only covers collisions and comprehensive only covers those scenarios referenced in the policy but most commonly those referenced above. Usually, if you have a loan against the car, the bank will require you to have both collision and comprehensive coverage, so that the collateral of the loan is protected and the bank is protected. However, Florida law does not require either collision coverage or comprehensive and therefore if you own the car, then you can elect not to have these coverages.

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Mistakes Made by People in Accidents in Florida – Mistake Number 37 – Not Seeking Medical Attention Within 14 Days Following a Car Accident

As discussed on prior blog posts, under a new Florida law effective January 1, 2013, in order to have PIP benefits to pay your medical bills you must go tot he hospital OR see one of the enumerated physicians within 14 days following an accident; otherwise, your automobile insurance carrier does not have to pay the medical bills. It should be noted that there have been constitutional challenges to the law and I would expect more challenges in the future, so the efficacy of the new law could be challenged.

In order to analyze this law, let’s set up how this works. In Florida, everyone is required to have PIP benefits on their car. This insurance applies to the car owner but also to any resident relatives or someone that is in their car that does not own a car or live with a relative that owns a car. Thus, in almost every car accident, a person will qualify for PIP benefits. The PIP is no fault type of insurance which means that regardless of who is at fault, your own PIP insurance pays the medical bills. Even if you have health insurance, generally the PIP is the primary insurance to pay medical bills related to an accident. If someone does not have health insurance, then the PIP insurance may be the only way to get treatment paid for following an accident (particularly if the injured person is at fault; in other words, if another vehicle is at fault and has bodily injury coverage, then that may be a basis to get recovery for your medical bills following an accident).

Assuming someone else is at fault, there is generally good reason to seek treatment right away following an accident where you are injured. One element of proof in an automobile negligence case is causation and the longer the delay in treatment and the gap between the accident date and your first treatment very well may be used by the defense to hurt your case. Clients often times have excuses to why they were unable to get to a doctor (family obligations, work, etc.). But with this new Florida law, there is another reason to seek treatment and that is that if you don’t have some form of treatment by a properly licensed physician within 14 days, then your automobile insurance carrier does not have to pay ANY of the medical bills.

Assuming the client is at fault, and particularly if the client does not have health insurance, PIP may be the only way to get treatment paid for absent paying on your own and thus the 14 day window could be the difference between being able to get treatment and not being able to get it. I recently spoke with someone who was at fault in an accident and more than 14 days had gone by and she was unable to find a doctor that was willing to treat her for her injuries, as she did not have health insurance nor the ability to pay the doctors, by example. Thus, it is important to get to the doctor following a car accident in Florida as soon as possible but more so within 14 days.

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If I Am Unhappy with My Accident Lawyer in Florida, Can I Fire the Lawyer?

Obviously, anyone can “fire” their lawyer. There are a couple of issues that generally have to be dealt with when a lawyer who is working on a contingency fee basis is fired in Florida. If the lawyer is being fired “for cause”, then legally there are no lawyer fees that would be due and owing. “An example of a “for cause” firing would be if the lawyer was disbarred and thus could not continue on the case. “For cause” could also be other reasons as well. If there is no reason for the firing and the client simply chooses to switch lawyers, then the client would have to pay the lawyer quantum merit fees when the case resolves and that quantum merit fee is generally based on the time the lawyer worked on the case. The point is that if the lawyer has done a lot of work, then, in addition to paying the new lawyer the contingency fee, the client would have to pay a large fee to the fired lawyer. Conversely, if the lawyer has done little work, then the amount owed may be a small amount. Thus, it is easier to fire a lawyer earlier in the case, for that reason.

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I Injured My Neck Previously and Now I Was in An Accident and Aggravated My Neck Injury; Can that Still Be a Case in Florida?

The answer here is generally yes, you can have a case for an aggravation of a prior injury in Florida. In fact, sometimes it is easier to prove an injury that is aggravated, as the doctors will have a “baseline” to compare your current injuries to and thus make it easier to casually relate your current injuries to the subject accident. The key is to be honest with your doctors in explaining that you had a prior accident and to bring any records or diagnostic tests, like MRIs with you so that your current doctors can compare the injuries reported in this accident to the injured reported in your prior accident (or just to your prior records if your prior injury was not related to a prior accident). The mistake that people make in Florida is to not be forthright with their doctors and then in a court setting it looks like you were not telling the truth and that can be very bad for an injury case.

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I Was Involved in An Accident in Florida and The Person that Caused the Accident Was from Canada and Has Canadian Car Insurance; Can I Sue the Canadian that Caused the Accident and Get Compensation for My Injuries?

Yes, when you are injured by another, including a Canadian driver, here in Florida, our laws generally provide that you may have a claim to be compensated for your injuries. Clearly, you can sue a Canadian here in Florida for an accident caused here in Florida. Interestingly, Canadian vehicles tend to have larger indemnity insurance policies. Indemnity insurance basically means that the Canadian insurance will indemnify (or pay for) any judgment for injuries caused by that Canadian driver, including claims for injuries here in the United States and Florida. The difficulty is that depending upon where the Canadian is from, some of the insurance companies speak primarily French or if they speak English, it is a bit more difficult to navigate through. My law firm has handled numerous cases against Canadian insurance companies and would be glad to offer you a free consultation for any accidents that happen here in Florida.

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I Am a Canadian Snowbird and Was in A Car Accident in Florida; Do I Have the Right to Sue the Person Driving the At Fault Vehicle for My Injuries?

Generally, the answer here is yes.

Anyone injured in Florida due to the negligence of another may have a case and can sue the person driving the at fault vehicle in Florida. In terms of the hospital and medical bills, these cases can get complicated as the Canadian citizen likely does not have Florida insurance on their vehicle and how the medical part of the case would work out in terms of who pays the medical bills and other issues would be a bit different than if the car was insured here in Florida. But nonetheless the person who is injured due to the negligence of another for an accident in Florida can generally sue and make a claim against the person driving the at fault vehicle.

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I Have Car Insurance in Florida and Was Injured in An Accident but My Insurance Cancelled the Day After the Accident; Does My Insurance Still Have to Pay My Medical Bills?

Generally, so long as your Florida insurance was in effect at the time of the accident, then it applies to the accident. Thus, if it was cancelled AFTER the accident, then the cancellation would not impact the accident. If you were in an accident at 12:15 am and your insurance was cancelled that same date, at 12:01 a.m., then your insurance would have cancelled BEFORE the accident and would be of no effect on the accident. Even in that example where cancellation is 14 minutes before accident, it would still be cancelled BEFORE the accident and thus be of no effect. One key to the analysis is that the insurance be properly and legally cancelled. There are certain rules as it pertains to cancelling insurance for lack of payment and other cases and thus you may want to have an attorney review your case if the insurance company is claiming cancellation in Florida.

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What Type of Doctor Should I Go to After a Car Accident in Florida if I Have Back Pain?

This is a lawyer blog but nonetheless this is a common question that I receive at the law firm.

There are many options as it comes to treatment for back pain stemming from a car accident. While this is primarily a medical question, there are some legal issues that come into play under Florida law.

First, generally in a car accident, the primary insurance is your PIP insurance. PIP pays 80 percent of the medical bills (although generally they are reduced to a fee schedule that is tied to medicare rates) up to $10,000. Unlike other insurance, doctors generally do not have contracts with PIP automobile insurance companies. Thus, essentially you can go to any doctor that you would like. The only exception to this is that under a recent law change that kicked in on January 1, 2013, PIP insurers do not have to pay for acupuncture treatment (some argue this is unconstitutional and that issue has yet to be heard in the courts).

The most common treatment that i see individuals go to following a car accident are:

1) Hospital – many people start at the hospital where they can get x-rays and many other tests such as CT scans, MRIs and so forth. Obviously the hospital is suited to handle the most catastrophic accident to the most basic back problem. Further, the hospital may offer referral to specialists based on your injury and pain level.

2) Urgent Medical Centers – there is a moving trend towards Urgent Medical Centers, for non-catastrophic injuries. Again, there are many tests available there like x-rays. Some of these urgent medical centers will treat back problems and offer physical therapy afterwords, for example.

3) Primary Care Doctor/Internist – this is a common choice amongst people with health insurance. The primary care doctor can refer out for x-rays and refer the injured person to specialists, for physical therapy, and even for diagnostic tests like MRIs.

4) Chiropractors – this is likely the most common choice that I see here at the law firm. Chiropractors specialize in spinal injuries, so back problems are something these doctors see regularly. Further, chiropractors seem to be more “user friendly” offering better office hours than most medical doctors. Chiropractors are not medical doctors and are not allowed to write prescriptions for medications in Florida. Chiropractic is a more holistic medical approach, which may people prefer. Much but not all of the physical therapy offered at a medical doctors office or a physical therapy office is offered at a chiropractor.

5) Orthopedic surgeons/doctors – generally, orthopedic doctors specialize in bones, muscles and joints. Many of these doctors are sports type orthopedics which specialize in extremities, like knees and shoulders. There are some that focus on spinal problems, orthopedic spine surgeons. Many of these office offer physical therapy or they can refer clients our for physical therapy. Certainly someone with a more advanced spinal injury would be a good fit for a orthopedic, spine specialist. Many clients get referred to orthopedic doctors after they have seen other doctors, like chiropractors or primary care doctors.

6) Neurosurgeons – generally, these doctors focus on brain and spine injuries requiring surgery, and usually it is one or the other. Neurosurgeons who focus on spinal problems again are common for people with more advanced/complicated spinal problems, that are not resolvable by more conservative means like physical therapy.

7) Pain Specialist doctors – these doctors commonly are anesthesiologists who later focus on chronic pain problems including back and neck problems. The offer a variety of treatment, usually that are less intrusive than spinal surgery but more advanced than chiropractic or physical therapy. Such treatments and procedures include spinal injections, cortisone injections, epidural injections under Fluoroscope and various other procedures.

8) Physiatrist – these doctors are rehabilitation doctors that offer various types of therapy and rehabilitation. They handle the most complex spinal injuries to more basic physical therapy.

9) Neurologist – these doctors are trained in neurological disorders, including brain, spine and peripheral nerves; thus. lower back injuries are within their expertise.

10) Acupuncturist – these practitioners penetrate the skin with needles to stimulate certain points on the body. Interestingly, under a 2013 Florida law, automobile insurers do not have to pay for acupuncture treatment (although I expect this law to be challenged on constitutionality). Nonetheless, this is a treatment course that some clients prefer.

11) Physical therapy – these are health care providers that offer various therapy modalities to help with all types of injuries, including back injuries. Sometimes, the physical therapist works at the doctor’s office and other times the physical therapist works for a physical therapy office and you take the prescription from the doctor and have the therapy outside of the doctor’s office.

The above represents the most common types of doctors and treatments that clients with back problems go to. It is helpful to do your own research based on symptoms and to discuss any referrals with your primary care doctor.

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In Florida, Can I Use My Health Insurance for The Medical Providers when I Am Involved in Injury Accident Case (slip and Fall, Trip and Fall, Etc.)? Do I Have to Repay the Health Insurance if I Recover Money for My Injuries in A Florida Injury Accident (slip and Fall, Trip and Fall, Etc.) when Some of The Bills Are Paid Through Health Insurance?

Generally, the answer is yes, you can use your health insurance for a slip and fall/trip and fall type of accident. Usually, there is no other insurance to pay the medical bills, except for the liability coverage of the property where you were hurt and that insurance will generally NOT pay the bills as they come in and will only pay a lump sum settlement, including the medical bills, at the end of the case or pursuant to an injury judgment after court/trial. Thus, health insurance should generally pay any medical bills related to a non-automobile accident (see prior post on using health insurance is car accidents in Florida) just as it would had you not had the accident (deductibles, copays and the like would apply the same as well).

Interestingly, in most instances health insurance is entitled to be repaid WHEN THE INJURED PERSON RECOVERS MONEY FROM THE AT FAULT PARTY. This is called subrogation and the language is that the health insurance has a “lien.” Subrogation is proper when required by statute (medicare and medicaid generally have subrogation provisions by contract) or contract (most health contracts contain a subrogation provision). If you do not recover money, then you do not have to repay health insurance.

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In Florida, Can I Use My Health Insurance for The Medical Providers when I Am Involved in Car Accident? Do I Have to Repay the Health Insurance if I Recover Money for My Injuries in A Florida Car Accident when Some of The Bills Are Paid Through Health Insurance?

To start, generally in a car accident in Florida, an injured person’s automobile PIP insurance is primary for the medical bills. By primary, this means that the PIP insurance should be billed first. In fact, i have seen on many occasions that when a client’s health insurance (whether medicare, medicaid or private health insurance) is billed first in an auto accident, the health insurance denies the bill as they are not primary; however, in other instances, i have seen health insurance disregard that fact and just pay the bill. Since PIP insurance is generally 80 percent coverage, even for the first bills that are submitted, health insurance can get involved on paying the 20 percent balance. Further, in more significant injuries requiring hospitalization or surgery, the medical bills go well beyond the PIP $10,000 limits and thus health insurance can become primary once the PIP exhausts. So YES you can use health insurance for your medical providers following a car accident in Florida.

Interestingly, in most instances health insurance is entitled to be repaid WHEN THE INJURED PERSON RECOVERS MONEY FROM THE AT FAULT PARTY. This is called subrogation and the language is that the health insurance has a “lien.” Subrogation is proper when required by statute (medicare and medicaid generally have subrogation provisions by contract) or contract (most health contracts contain a subrogation provision). If you do not recover money, then you do not have to repay health insurance.

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Knowing Your Rights in Florida – Fall Cases – Just Because You Fall at A Business Does Not Mean They Owe You Anything; You Must Prove Negligence of The Business and That They Were the Cause of Your In

This is an important starting point with a client who is injured in Florida at someone else property. There seems to be an understanding, which is NOT CORRECT, that solely because you fall, that you will win your negligence case. The law is clear that in order to win your negligence case against a business owner in Florida, in addition to proving that you are injured and in addition to proving that those injuries were caused in your fall, you must ALSO prove that the business owner or the occupier of property in Florida IS NEGLIGENT. Thus, you generally must prove that their negligence is the legal cause of your injuries to win your case. Please call me for a free consultation about any injury case.

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In Florida, how Do I Know if I Gave a Recorded Statement to An Insurance Company Following a Car Accident, Slip and Fall, Trip and Fall or Other Type of Accident?

Generally, under Florida law, in order for someone to record a phone conversation or ANY conversation, there must be consent. See Florida Statutes Chapter 934 and particularly 934.03. Otherwise, it is punishable as a crime and may also subject someone to civil remedies. In the insurance setting, recording phone conversations are common, but the insurance company, who are generally well versed on Chapter 934 and the laws of privacy, will ask for consent prior to turning the recording on. Thus, if your conversation is being recorded, the insurance company will make very clear that they are doing so PRIOR TO TURNING THE RECORDING DEVICE ON. I have noticed with some insurance companies, as you call their number, sometimes the recording states beforehand that ALL CALLS ARE BEING RECORDED. Obviously, the insurance company cannot do that IF THEY ARE CALLING YOU. Even with the insurance companies who have the recording message, in my experiences before they start a recorded statement they will ask just as they turn the recording on something to the effect of, “I am turning my recorder on, Mr. Jones I have just turned my recording on; do you understand that you are giving a recorded statement?” Further, at the end of the recorded statement they will say something to the effect of, “Mr. Jones, this conversation has been recorded, did you understand that?” Thus, it is pretty clear when you are giving a recorded statement or not. As I have discussed on other blog entries, in my opinion, very little good comes of recorded statement, and in many instances they are NOT required, thus the client is giving the recorded statement VOLUNTARILY. I generally advise my clients to NOT give statement after i meet with them as sometimes, before the insurance company gets my letter, they may happen to call. Lastly, it is important to ask a lawyer whether a statement is required and further to be prepared by a lawyer prior to giving any statement to an insurance company, recorded or otherwise.

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Mistakes Made by People in Accidents in Florida – Mistake Number 38 – Not Seeing a Physician that Is Licensed to Render an “emergency Medical Condition” Following a Car Accident

Under a new statute that went into effect on January 1, 2013, PIP pays $2,500.00 in benefits, UNLESS there is a finding of an “emergency medical condition” which is referred to as an EMC. The statute gives a definition of an EMC. The definition of EMC, contained is 627.732(16) is shown below. Interestingly, the legislature, in Florida Statutes 627.736(1)(a)3. and 627.736(1)(a)4. a copy of which is below, lists the types of providers that are able to find an emergency medical condition as: 1) providers licensed under chapters 458 and 459 (physicians – medical doctors, M.D.s and osteopathic doctors, D.O.s), 2) dentists licensed under chapter 466, 3) physician assistants licensed under chapter 458 or chapter 459, or 4) advanced registered nurse practitioners licensed under chapter 464. Conspicuously missing from the list is Chiropractors, who treat a very large percentage of people injured in car accidents in my experience. Thus, if one were to solely treat with a chiropractor, PIP benefits would be limited to $2,500.00. This does not mean that people injured in accidents cannot treat with a chiropractor but in order to get the full $10,000.00 of medical benefits, one of the providers listed above (medical doctor, doctor of osteopathic medicine, dentist, advanced nurse practitioner or physician assistant; most commonly this would be a medical doctor) would have to find that the injured person has met the definition of an emergency medical condition or EMC. Further, someone could treat with a chiropractor before and/or after an emergency medical condition or EMC was found. The key is that in order to have $10,000.00 in medical benefits, at some point in the treatment with a chiropractor or other provider the injured person needs to have one of those enumerated medical providers, AND NOT A CHIROPRACTOR, find that they have an emergency medical condition, assuming the client has the emergency medical condition.

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Mistake that People Make Following Accidents in Florida – Not Calling a Lawyer Following a Fall Case in Florida

If you have been in a fall type accident and believe that the owner or occupier of property (like a supermarket, restaurant, retail store, etc.) is at fault, then most personal injury lawyers in Florida, and certain the lawyer at Drucker Law Offices, will offer you a free consultation to discuss your case. This consultation could be by telephone, in person at any of my offices (Boca Raton (main office in Boca Raton – all other offices are satellite office for consultation only), Boynton Beach, Lake Worth, West Palm Beach, Coral Springs, and Miami), at your home, at your doctor’s office or at the hospital if needed. Some people seem to think that there is a charge for a consultation in an injury case but no generally most lawyers offer free consultations. Further, my law firm offers a contingency fee and cost agreement, so only if I recover money for you do you owe any monies for fees or costs.

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Mistakes Made by People in Accidents in Florida – Mistake Number 36 – Not Timely Making a Wage Claim Under Your Pip Insurance Following a Car Accident

In Florida, the Personal Injury Protection laws pay up to $10,000.00 of benefits, which comprise of medical coverage AND wage coverage. This is generally considered primary coverage in Florida, so the PIP comes first or pays before health insurance, for example. Generally, it pays medical benefits at 80 percent (of a fee schedule) and 60 percent of wages. One key thing to understand is that it generally pays on a FIRST COME FIRST SERVE BASIS. Thus, if you do not submit your wage claim early enough, then the PIP benefits may exhaust (conversely, if you have a PIP deductible and submit your wage claim first, then your wage claim may apply in part or in full to the deductible). If you are at fault, and the PIP benefits exhaust (or if you have deductible and your submit first), then there would be no means to collect your lost wages, absent having some form of disability insurance with your employer. If you are not at fault, and if the other person has bodily injury coverage, you could always make a wage claim against the other insurance company if PIP benefits were exhausted or if your wage claim was applied to a deductible. However, when you make a claim against the other insurance, it will not pay right away or piecemeal; either the insurance company will offer you some form of lump sum settlement when your treatment is concluded or pay a trial judgment. Whereas, if you timely get your wage claim to PIP, it will pay you generally within 30 days from when a properly submitted claim is made and thus it is important to submit is at the best time.

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Knowing Your Rights in Florida – Premises Liability Cases – Water or Other Hazard – Generally, You Must Prove that The Owner or Occupier of The Property A) Created the Hazard B) Knew About the Hazard (actual Notice) or C) Should Have Known About the Hazard (constructive Notice)

People get injured at commercial or residential properties in Florida for various reasons. The first thing that is important to understand is that MORE THAN PROVING THAT YOU FELL is required. You must prove THE NEGLIGENCE of the owner or occupies of the property in order to win your case, generally. There are a lot of moving parts in the analysis of a fall case and generally it is a good idea to get a licensed Florida lawyer to assist you in determining whether you actually have an injury case. If the owner or occupier of the business created the hazard (like if an employee of the business actually spilled the water on the ground that you fell on), the negligence part of the case is generally straight forward. If the owner or occupier of the property knew about the hazard and did not remedy it, then again this would be suggestive of negligence on the part of the premises owner or occupier. This second basis of premises liability is rarely used in practice in my experience. The most commonly used way to prove negligence is through the third prong of the premises liability law: that the owner or occupier of the property had constructive knowledge of the hazard (they should have known). In the commercial setting dealing with a “transitory foreign substance” (like spilled water, etc.), there is a Florida law on topic and that is Florida Statute 786.0755, which is put below. Under that law, the burden of proof is on the plaintiff to prove constructive knowledge and that can be by evidence showing that (a) The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or (b) The condition occurred with regularity and was therefore foreseeable. See Florida Statute 768.0755 (1)(a) and (1)(b). The amount of time that a hazard has to be there for it to be considered negligence is something that a jury would have to decide. Interestingly, in today’s technological age, many of these falls are on video and where the water or other hazard came from is shown on the video and further the amount of time the hazard has been there again is captured on video. Thus, historically, the court system had to use evidence, and much of the evidence was circumstantial, in terms of figuring out how long the substance was on the ground but today we often know exactly how long as it is captured on video.

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In Florida, Do I Have to Repay My Health Insurance for The Medical Bills that Were Paid to Providers that Treated Me Pursuant to My Accident Claim?

Generally, the answer is yes! Generally, most health insurance contracts have what is called a subrogation provision in it. Subrogation provisions are a part of an insurance contract which requires you to repay the health insurance when they pay bills that are related to a contract. If you don’t get money from your case, you don’t owe the money back. But if you do win your case, then you have to repay them. With medicare and medicaid, there is no insurance contract obviously but there are statutes that basically require repayments just like subrogation provisions in insurance policies. The idea is that you cannot just seek pain and suffering in a case but must seek repayment of medical bills and then if health insurance has paid those bills, they would get their money back.

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Mistake Made by People in Florida Accidents – Not Calling a Lawyer Following a Car Accident in Florida

Most lawyers, including me, offer a free consultation following an accident in Florida. If you want to know your rights, you can call me. If you want to know about how a case works, you can call me. People have a lot of questions following an accident. IF a car accident, people want to know which insurance pays their medical bills. If a car accident, they want to know why their health insurance is not paying for some of the bills. They want to know why the doctor is or in not billing the health insurance following an accident. People generally want to know how a case works and whether they may be entitled to something following an accident. They want to know how a lawyer charges its accident victim clients. People want to know about their choices in doctors and what type of doctors they are allowed to treat with following an accident in Florida.Again, if you call me or another lawyer, you should be able to get many of your questions answered.

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Mistakes Made by People in Accidents in Florida – Mistake Number 35 – Giving Recorded Statement to Insurance Company for At Fault Vehicle After an Accident

Generally, in Florida, you are not required to give a recorded statement to the insurance company for the at fault vehicle. Yet, many people VOLUNTARILY give such statements. There are some rare instances where you may be required to give a statement to the at fault vehicle (like if you are seeking PIP benefits, if you are seeking PIP benefits through that car for some reason). It is generally easy to refuse such statement or to agree to give it but only as a non-recorded “interview” as opposed to being recorded. It is also easy to call a licensed Florida lawyer to get advise on whether you have to give the statement and for general advice on what to expect and how to best give the statement.

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Mistakes Made by People in Accidents in Florida – Mistake Number 34 – Giving Recorded Statement to Insurance Company for Retailer Where You Fell and Were Injured without The Advice of Counsel

In most instances, you are not required to give a statement to the insurance company that represents a place where you fell and were injured in Florida. Yet people commonly give these statements. What is hard for people to understand is that these statements can harm a case. First, people memories fade. Thus, you may later give a deposition and make some slight differences in your testimony versus your earlier statement and that could be used against you. If you had simply not given the recorded statement or only agreed to an non-recorded “interview” that problem would not exist. Second, a lawyer can advise you of the key issues in a case and the key components of proof required. Thus, if you give a statement or an interview you would have certain knowledge that would be helpful. The bottom line is that in an accident in Florida, it is important to get advise PRIOR to giving any recorded statement and the first piece of advise would be whether you are required or not to give it and if not then you should not give a statement and only give a non-recorded “interview” at best.

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Mistakes Made by People in Accidents in Florida – Mistake Number 37 – Not Seeking Medical Attention Within 14 Days Following a Car Accident

Under a new law that went into effect on January 1, 2013 (although there is some legal argument that if the applicable pip policy predates the law, i.e. went into effect before January 1, 2013, that the old laws would apply), you must have some medical treatment (hospital or doctor) within 14 days of the accident; otherwise, you PIP insurance would not have to pay your medical bills. See 627.736(1)(a), part of the statute put below. I do believe that you could use your health insurance to treat, if you missed the 14 day window. This does not mean that you could not still have a case if someone else is responsible for the accident; however, if you would not have any care within 14 days, a case would be more difficult to prove as the argument that if you had injury you would have started treatment earlier would be a strong defense. The bottom line is that if you are in a car accident, it is important to seek some form of treatment with a hospital or doctor within 14 days; otherwise, there may not be PIP benefits to pay your medical bills.

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Knowing Your Rights in Florida — Peronal Injury Protection (pip) Coverage on A Car Insurance Policy – What Does It Cover?

First, it is important to note that PIP coverage is required by Florida law. This is first party coverage meaning that it pays you (or with medical bills, your health care providers) 80 percent of your medical bills and 60 percent of your lost wages, up to a total of $10,000.00. It is also important to note that under a law that passed effective January 1, 2013, PIP pays up to $2,500, unless there is a medical showing that the injured person sustained an Emergency Medical Condition (and if so then PIP benefits are $10,000.00). This is called “No-fault” PIP coverage as it pays your medical bills, whether you are at fault or not. The law allows up to a $1,000.00 deductible for PIP. The concept of PIP is that whether you are at fault or not, there is some insurance to pay medical bills and to pay for lost time from work. In exchange for that “benefit,” you lose some common law rights to pain and suffering against the other car, if you are not at fault, if your injuries do not reach a certain threshold.

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Knowing Your Rights in Florida — Comprehensive Coverage on A Car Insuance Policy – What Does It Cover?

Collision and comprehensive coverage are usually sold together, although it is possible to have one coverage or the other. Comprehensive coverage generally protects you car against damage OTHER THAN collisions, like vandalism, theft, hurricanes, etc. This coverage is not required by Florida law, although generally when you have a loan against the car the lender will require both comprehensive and collision coverage on the vehicle.

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Knowing Your Rights in Florida — Collision Coverage on A Car Insuance Policy – What Does It Cover?

Generally, this insurance covers your car when it is damaged in a collision, regardless of fault. This insurance is not required under Florida law; however, generally, when you have a loan against the car, the lender will require you to have this coverage. This is first party coverage, which means that you are making the claim against your own insurance company. Usually, this coverage has a deductible – $250, $500 or $1000. Generally, it is used when you are at fault and cause the damage to the vehicle. However, in some scenarios, it may be used even when another person is at fault, like if the other person does not have any insurance on their car or does not have enough insurance.

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Knowing Your Rights in Florida — Property Damage Coverage on A Car Insuance Policy – What Does It Cover?

First, it is important to note that property damage coverage, at a $10,000.00 limit, is required under Florida law. You can purchase more than $10,000.00 and with the cost to fix cars and the cost of cars nowadays, it is a good idea to have more than the minimum limits.

This coverage in Florida is indemnity coverage which means the insurance company will indemnify you against judgment for damages to another’s car or another’s property for an accident during the policy period and up to the policy limit. This coverage in Florida also generally provides a duty to defend, so if you are sued for causing injury to another car or another’s property, then your insurance company will hire a lawyer and pay court costs. This coverage protects YOU by shielding you against suit by paying judgment up to your limts and by shielding you against lawyer fees when you cause damage to property in your car.

Conversely, if your car is damaged by another person’s car, you would seek to have the car fixed or totaled through the other person’s property damage coverage in Florida.

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Knowing Your Rights in Florida — Bodily Injury Coverage on A Car Insuance Policy – What Does It Cover?

Generally, this coverage in Florida is indemnity coverage. This means that the insurance company will indemnify you against judgment up to your policy limits when you are sued for an accident during the policy period. So if you make a mistake a cause an accident with resulting injuries, then your insurance company has a contractual duty to any judgments entered against you by someone who you injure in your car, within your policy limits. Generally, these indemnity policy also provide a duty to defend, meaning the insurance company will hire you a lawyer and pay any costs of such suit. YOUR bodily injury coverage protects you by hiring you a lawyer and paying for any resulting judgment, up to your policy limits. It is this contractual obligation that causes an insurance company to “settle” with the injured person and having them sign a release stating that the injured person cannot sue you in court in exchange for a lump sum settlement.

Conversely, if you are injured by another driver, then it becomes important what bodily injury insurance the other, at fault driver has on their policy. And under Florida law, the insurance company must disclose what coverage are on the policy. When I represent an injured person, one of the first things I do is to request the applicable policies of insurance.

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Knowing Your Rights in Florida – Seat Belts Are Required to Be Worn and Lack of Using Seat Belts Can Impact Value of Case

Under Florida law generally, passengers in a motor vehicle are required to wear a seat belt. The law, cited below, is specifically referring to front passengers. If you do not wear your seat belt and are injured in an accident, under the statute, a jury may consider fact that in awarding you damages, as you will see below and obviously the law is suggesting that the damages may be REDUCED if someone is not wearing a seat belt.

The applicable Florida Statute states:

The seat belt statute provides, in part:

(4) It is unlawful for any person
(a) To operate a motor vehicle unless each front seat passenger of the vehicle under the age of 16 years is restrained by a safety belt or by a child restraint device pursuant to s. 316.613, if applicable, or
(b)To operate a motion vehicle in this state unless the person is restrained by a safety belt.
(5) It is unlawful for any person 16 years of age or older to be a passenger in the front seat of a motor vehicle unless such person is restrained by a safety belt when the vehicle is in motion.

Subsection ten (10) of F.S. 316.614 discusses how the seat belt statute should be used in a civil action:

A violation of the provisions of this section shall not constitute negligence per se, nor shall such violation be used as prima facie evidence of negligence or be considered in mitigation of damages, but such violation may be considered as evidence of comparative negligence, in any civil action.

Thus, in Florida, not wearing a seatbelt can significantly impact your personal injury case. To the extent that a jury finds that you are comparatively at fault for not wearing your seat belt, they can reduce your damages by assigning you a percentage of fault and your damages would be reduced accordingly. Thus, if a jury finds that your damages are $100,000.00 but you are comparatively at fault to the percentage of 90 percent for not wearing your seat belt

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Knowing Your Rights in Florida – Comparative Fault and How It Impacts an Injury Case

Florida is considered a comparative fault state. In Florida statute 768.81, below, Florida courts use comparative fault. Basically, this means that a jury is able to consider everyone’s negligence, including the injured person, in apportioning fault. Thus, they are to assign percentages to all parties in which they find fault. Fault can even be divided even against parties that are not parties to a lawsuit.

In a simple example, if someone falls at a store because of a leaky appliance that the store owner is aware of and someone is injured as a result, this may result in a case by the injured person against the store. The store may argue, however, that the injured person should have seen the water on the floor as the store is well lit and it was open and obvious. If a jury believes the store is at fault AND also that the injured person should have seen the water, then it must apportion damages between the two parties – 75 percent to the store and 25 percent to the injured person or 50 percent to store and 50 percent to the injured person and so forth.

It is important to understand that YOU can be considered at fault in an injury case. This is why it is important to be counseled during the process and to understand the law so you can explain perhaps why you did not see the water on the floor.

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Mistakes Made by People in Accidents in Florida – Mistake Number 33 – Not Showing up For an Examination Under Oath (“euo”) with Your Insurance Company (or the Insurance Company Paying Your Medical Bills, I.E. the Pip Carrier) Following a Car Accident

When you are seeking first party benefits in Florida, generally the insurance policy requires that you cooperate and such cooperation includes giving an examination under oath (EUO). An EUO is basically a sworn statement where there is not an ongoing case. Basically, it is what most people know as a “deposition.” It is much more formal than a “recorded statement” in that there is a court reporter and the deponent is sworn under oath, just like in a deposition or in court. Some people disregard these EUO notices and think it is not a big deal but in fact if you do not show for an EUO and particularly if you do not show up for two EUOs, then you set up the basis for an insurance company to deny your benefits. SO IT IS VERY IMPORTANT TO ATTEND AN EUO that is set by your insurance company that you are seeking first party benefits (it would also be required to attend if someone is making a claim against your policy and your insurance company requests an EUO to determine fault or other issues). You are allowed to be prepared for the EUO by a lawyer of your choosing and to have a lawyer there present with you in person or by phone. Thus, it is recommended to consult with a lawyer if your insurance company sets you for an EUO in any setting.

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Mistakes Made by People in Accidents in Florida – Mistake Number 32 – Not Showing up For a Recorded Statement with Your Insurance Company (or the Insurance Company Paying Your Medical Bills, I.E. the Pip Carrier) Following a Car Accident

Under most Florida automobile insurance policies, if you are seeking first party benefits, like personal injury protection, you are required to cooperate with the insurance company and part of that requirement includes giving recorded statements to them. In a third party setting – like where you are making a claim for injuries against someone ELSE’s insurance – a statement is generally not required by insurance policy or by law, at least BEFORE A LAWSUIT IS FILED. If you do not cooperate with the insurance company that you are seeking first party benefits (usually YOUR OWN insurance company), then your insurance company MAY have a basis to deny first party insurance benefits or coverage. Thus, it is important to cooperate with your insurance company. You are entitled to have a lawyer prepare you for your statement and be there on the phone or be there with you during your statement. They key point is that you are in fact required to give YOUR insurance company a statement and if you don’t do that, there may be negative ramifications as described above.

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Mistakes Made by People in Accidents in Florida – Mistake Number 31 – Not Showing up For an Indepenent Medical Examination (“ime”) Set by Your Own Insurance Company Following a Car Accident

When you get in a car accident, generally you will qualify for PIP or personal injury protection benefits, through your own car insurance company, a resident relative’s insurance or through the car insurance of the car you were in. Pursuant to that policy, you must comply with certain contractual requirements, like giving a statement to the insurance company but also seeing their doctor so they can determine whether the treatment you are receiving is reasonable and necessary. Plaintiff lawyers like me prefer to call these examinations, compulsory medical examinations or CME as the doctors in our view are NOT independent and of course the examination is compulsory and not voluntary. The bottom line is that if you do not cooperate, then your benefits can be denied lawfully and that MAY include if you do not show for one of these IMEs or CMEs (there is some suggestion in law that missing two IME without good reason would be basis for denying benefits). Thus, it is very important to show up for one of these examinations that are set by your own company.

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Mistakes Made by People in Accidents in Florida – Mistake Number 30 – Not Obtaining Helpful Diagnostic Tests Following an Accident Where Someone Else Is at Fault

It is important to understand that in a car accident in Florida there are certain proof requirements to obtain pain and suffering. One requirement is that you prove a permanent injury (or death, or significant scarring, or permanent disfigurement) caused from the accident. We call this the “permanent injury threshold,” as you must breach the threshold prior to a jury awarding pain and suffering. The way this works in Florida courts is that, if the issue is challenged, the jury is asked via a yes or no question whether the client sustained a permanent injury. If yes, they get to answer the next question which is how much to award for pain and suffering but if no then they are not to answer that next question about pain and suffering. Thus, the more “proof” that you can obtain following an accident will be helpful in an attempt to prove a permanent injury. Examples of diagnostic tests are: x-rays, MRIs, CT Scans and so forth. These are objective in that they can show an injury outside of the patient simply complaining. Thus, if you complain about pain in your arm a jury can believe you or not but if you complain about your arm, have an x-ray which shows a fracture, then it is a much stronger case for the jury to believe the injury and to believe that it is permanent. With neck and back injuries, x-rays will show many things but more commonly later in a case when someone has continued complaints, particularly if there are certain symptoms like radiating pain down one’s arms or down one’s legs, then MRI tests are common. Similarly, MRIs are also common in extremity injuries like knee injuries and shoulder injuries, for example. Again, having these tests help prove pain, help prove injury and help the doctor show permanent injuries which are necessary in car accidents cases.

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Mistakes Made by People in Accidents in Florida – Mistake Number 29 – Not Notifying and Getting Permission of Underinsured Motorist Carrier Prior to Accepting Policy Tender from Underlying At-Fault Insurance Companyn Automobile Accident Case

As we explained in the prior blog post, you are required to seek permission of any underinsured motorist carrier PRIOR to acceptance of the at fault driver’s insurance policy. If you do not notify and get permission of your underinsured motorist carrier in Florida to accept the settlement and you accept the settlement, you may NOT be able to make the underinsured motorist coverage claim. The reason why is as follows. First, generally, under a Florida uninsured motorist policy, the insurance company has a subrogation right to sue the at fault driver when it has to pay uninsured motorist benefits. This means the insurance company can sue that driver, just as you would be able to, to recover the monies it pays to someone under an uninsured motorist case. It’s right is generally contractual but flows through you, the injured person. So if you don’t have a case against the at fault person, neither does the insurance company who pays the uninsured motorist benefit. However, when the other person has insurance, but not enough, in order to settle, they will require a release which will extinguish the underinsured motorist carriers subrogation rights if signed. Thus, if you sign the release against the other driver in exchange for its policy limits, then the underinsured motorist carrier cannot pursue that interest. Thus, the law requires the underinsured motorist carrier to decide, in 30 days, whether to waive its subrogation rights and allow you to accept the monies or to cut you a check for the same amount and thus retain their subrogation rights. In that later scenario, you get a check for the same amount and you must return the check to the at fault insurance company. Again, the general idea here is that you should have a lawyer look at your case before you accept even a full policy tender to determine whether there is any underinsured motorist coverage.

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Mistakes Made by People in Accidents in Florida – Mistake Number 28 – Not Making an Underinsured Motorist Claim Following an Accident Where the At Fault Insurace Company Pays Its Full Policy

Generally, in Florida, uninsured motorist coverage is the same as underinsured motorist coverage. These mean what they sound like. Uninsured motorist coverage pays YOU money when you are in an accident and the at fault driver is UNinsured. This could mean the at fault driver has NO insurance at all or that he or she has NO bodily injury insurance (and thus only the minimum coverage required by law). Underinsured motorist coverage pays YOU money when you are in an accident and the at fault driver has insurance but is underinsured, meaning he or she does not have ENOUGH insurance. So some people think that after they receive the at fault driver’s full insurance policy that their case is over but in fact, you may be able to make an underinsured motorist coverage case, IF you have uninsured/underinsured motorist coverage on your policy (or possibly if a resident relative has uninsured/underinsured motorist coverage) OR if the car you are in has uninsured/underinsured motorist coverage. It is important to note that under Florida statute 627.727(6)(b), a copy of the statute is copied below, you must notify you underinsured motorist carrier of a policy tender PRIOR to accepting it and asking them permission to accept it. They must allow you to accept it or send you the settlement monies themselves. The bottom line is that before you accept any offer, you should have a licensed lawyer look over your file to see whether you have an underinsured motorist coverage case.

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Mistakes Made by People in Accidents in Florida – Mistake Number 27 – Not Making an Uninsured Motorist Claim After an Accident Where the At Fault Driver Does Not Have Bodily Injury Coverage

Many people get into a car accident, learn that the other person does not have any insurance and thus assume that they cannot any money for the case. However, this may not be the case. In Florida, IF you purchase uninsured motorist coverage and have that insurance on your car at the time of such an accident, you may be able to get monies for your injuries. Generally, uninsured motorist coverage (which in Florida is ALSO the same as underinsured motorist coverage) will pay you for injuries when someone else is at fault and that person 1) does not have any insurance to cover the accident; 2) does not have bodily injury insurance; 3) does not have enough bodily injury coverage (this is underinsured motorist covererage and 4) where it is a hit and run scenario. Further, if you own a car, your own uninsured motorist coverage will cover you generally whether you are in your car or not. Oftentimes, if you live with a relative that has uninsured motorist coverage, it will generally apply to you. Lastly, even if you or a resident relative do not have any uninsured motorist coverage BUT you are in a car that has uninsured motorist coverage, it will generally apply to you. Thus, if you have been in an accident, it is important to talk to a personal injury lawyer to have them look at your scenario to see whether you have a uninsured motorist coverage case.

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Mistakes Made by People in Accidents in Florida – Mistake Number 26 – Not Timely Giving the Hospital and Any Other Hospital Providers Your Health Insurance Information Following an Accident

One of the services that I provide is to assist the client in getting their medical bills paid. Many doctors that see patients after an accident will have the patient sign a letter of protection, so that while the case is progressing, they will hold the bill from collections. However, hospitals and hospital providers (ambulance, emergency room – ER – doctor, ER radiology, etc.) will often put clients into collections after an accident if the bill is not paid in full. So with a car accident, even when the hospital is paid through the PIP insurance at 80 percent, the hospital or hospital providers will oftentimes still put the client into collections over the 20 percent. Similarly, in other types of accidents (slip and fall, trip and fall, etc.), if the hospital does not have your health insurance, they too will put the client into collection and this can impact a client’s credit. Thus, it is important in a car accident to give the hospital BOTH you PIP insurance information AND your health insurance, if you have health insurance (including medicare or medicaid). In other sorts of accident, it is important to give ALL the hospital providers your health insurance. The other part that is tricky in my experience is that one might think that if you give the hospital the PIP and health insurance information, that they will share this information with the other hospital providers (like the ambulance company, ER doctor, ER radiology) but unfortunately in my experience they do not share the information. Thus, it is important to give ALL those providers and insurance information that may pay the medical bills. And in order to stay out of collections, after all available insurance has paid their portion, if there is a balance owed, this would also generally need to be paid.

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Mistakes Made by People in Accidents in Florida – Mistake Number 25 – Not Purchasing Enough Bodily Injury Coverage for Your Car

In the last blog entry, we explained the importance of having bodily injury insurance. But how much bodily injury coverage should you buy? So that you understand what is at stake, if someone purchases a minimal $10,000.00 bodily injury policy and they injured someone who sues them and a jury awards $100,000.00, then the insurance company would pay $10,000.00 towards that judgment (as that is all the insurance that was purchased to pay a judgment) and the injured person would still have a $90,000.00 judgment against the owner/driver, which could result in collection remedies like wage or bank garnishments, etc. Thus, the decision of how much bodily injury insurance to purchase is very important. There are two main reasons to purchase bodily injury insurance: 1) moral – if you were to injure someone, it is nice to have insurance to pay them for their injuries to “right the wrong;” and 2) legal – if someone sues you, the bodily injury insurance pays the legal costs and pays a judgment up to your limits; thus, your assets are “protected” by having the insurance to pay for a mistake. The more money someone earns (protecting against wages), the more bodily injury insurance one generally should want. Similarly, the more “assets” like a home (although generally homes, if homestead, are not attachable), cars, boats, stocks, bonds, businesses that one has, the more insurance one would generally should want. To some degree, there is never enough insurance but if you would do an inventory of your assets and think about it from a moral perspective, one could come to a fair amount of insurance for your particular situation.

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Mistakes Made by People in Accidents in Florida – Mistake Number 24 – Not Purchasing Bodily Injury Coverage for Your Car

Again, this is another mistake BUT only one that can be cured BEFORE an accident. First, it is important to understand: what is bodily injury coverage? Generally, bodily injury coverage on a car in Florida indemnifies the insured (the owner and/or driver of the car) against a judgment for bodily injuries up to the policy limits for an accident that takes place during the policy term. It is important to note that these policies also provide for a duty to defend, which means the insurance company has to hire you a lawyer and pay any resulting court costs. “Indemnifying against judgment” is a fancy way to say that the insurance company will pay for a lawsuit that results in a judgment. The reason that insurance companies “settle” a case is that part of the settlement required to injured person to sign a release, which states they will not sue the owner/driver/insured. Thus, the insurance company satisfies its contractual obligation to indemnify against judgment, as the settlement is the proverbial “nipping in the bud,” in that since the injured person cannot sue pursuant to the settlement agreement and thus the insurance company has prevented suit and any resulting judgment. While it seems the bodily injury insurance “protects” the person that you have injured, and there is some truth to that, but it really protects the person that purchases the insurance in that if suit is filed, it pays for a lawyer and protects their assets against the suit. If you were not to purchase bodily injury insurance in Florida, you could be sued for injuries where you would have to hire a lawyer and pay for it and, if the injured person won the case, you would have a judgment entered against you which could effect your credit and more so could result in the injured person effectuating collection remedies against you (garnishing wages, garnishing bank accounts, attaching assets, and so forth). Thus, purchasing of bodily injury coverage is very important. Further, there are certain administrative remedies in Florida that would be put on you, which go a bit beyond the scope of this blog entry. In the next blog entry, we will discuss how much bodily injury coverage to purchase.

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Mistakes Made by People in Accidents in Florida – Mistake Number 22 – Not Purchasing Collision and Comprehensive Coverage on Your Car

This is again something that you cannot “fix” after an accident but is something that has to be in effect at the time of the accident. Collision coverage fixes your car when you are in an accident, regardless of who is at fault. Comprehensive coverage generally fixes you car for most other scenarios absent routine maintenance work (like theft, vandalism, hurricane damage, etc.). There are many drivers in Florida that (illegally) do not have any property damage insurance or that do not have enough property damage insurance. The law in Florida requires drivers to have at least $10,000 of property damage insurance. If you are in an accident and the uninsured driver does not have ANY insurance or does not have enough insurance, in each of these scenarios it would be extremely helpful to you if you had collision coverage. So for example, if you are in an accident that is the other driver’s fault, if he or she does not have ANY insurance and if you do not have collision coverage, then there will be no insurance to fix your car. You would be able to sue the other driver, but if he does not have money for insurance, he likely is not worth suing in court. Similarly, if the other driver is at fault and has the minimum $10,000 of coverage, and in addition to your car there are two or three other cars that are damaged and the total value of the property damage is $30,000, then obviously there is not enough insurance to fix ALL the cars. In each of these scenarios, collision coverage will generally protect you.

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Mistakes Made by People in Accidents in Florida – Mistake Number 23 – Not Paying Back the Health Insurance Company, Medicare or Medicaid Following an Accident Where You Collected Monies for Your Injuries

Generally, when you have an injury case and health insurance has paid some of your medical bills, there is a (subrogation) right by the health insurance carrier to be repaid the monies toward the medical bills related to the accident. In the case of health insurance, the subrogation right is by contract and with medicare and medicaid the subrogation right is generally by statute or law. Obviously, if you are injured and do not have an injury case or if you do not pursue the injury case, then you do NOT have to repay health insurance. But this is where it is important to have a lawyer as what might seem like a fair settlement to someone that is handling the case on their own, may not be a good settlement if a greater amount is owed back to health insurance and if later on the injured person is sued by the health insurance or medicaid or medicare because they did not repay the monies that are due and owing.

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Mistakes Made by People in Accidents in Florida – Mistake Number 21 – Not Purchasing Uninsured Motorist Coverage (also Underinsured Motorist Coverage)

This is not something that you can do AFTER an accident. Obviously, you never know when you are going to be in an accident. There are many uninsured or underinsured motorists in Florida. By purchasing uninsured/underinsured motorist coverage on your car in Florida, you will be protected if you, a resident relative, or someone occupying your vehicle is in an accident where they are not at fault but the person who is at fault has 1) no insurance, 2) not enough insurance, or 3) if there is a hit and run scenario. As an attorney that handles cases in Florida, I have seen many cases where my clients wish they had purchased uninsured/underinsured motorist coverage (called UM or UIM coverage). Once you are in an accident, it is too late as the insurance has to be in effect at the time of the accident.

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Mistakes Made by People in Accidents in Florida – Mistake Number 20- Not Taking Pictures of Bruises, Swelling and Lacerations (cuts) Following an Accident Where Someone Else Is at Fault

One of the issues in any personal injury lawsuit is causation. Causation generally is the connection between an accident and the injuries. If someone is complaining of a knee injury following an accident, a picture of the knee showing it being swollen or bruised following the accident could be very helpful for a jury to make that connection between the accident and the injury. If someone goes to the hospital or to a physician shortly after an accident and the swelling or bruising is documented by the doctor, that too would be helpful on the issue but the more proof of a particular issue, the more likely a jury would generally be to accept it. Thus, it is important to note that taking pictures of any sort of bruising, swelling and cuts on your body following an accident where you may be making an insurance claim or may be suing for would be a very good idea.

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Mistakes Made by People in Accidents in Florida – Mistake Number 19 – Not Calling the Police to The Scene of An Accident and Only Exchanging Information with The Other Driver

This is far more common than one might think. Usually, client is in an accident and other car is at fault. Other person put pressure to just exchange information or worse just exchanging phone numbers. Later, when you go to call, the phone number is incorrect or is correct and now the person no longer agrees to fault. When you call the police, everything is documented, the insurance information, the respective statements on how the accident happened, the damage to the vehicles, and so forth. It is definitely a mistake, particularly if the other car is at fault, to not call the police or to not wait for the police if they are taking longer than normal (that is another common scenario: “the police are taking too long and I have an appointment; let’s just exchange information.”

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I Caused an Accident Where Someone Else Was Injured and Now My Insurance Is Renewing but At a Much Higher Premium; Can I Switch Insurance in Florida without Impacting the Insurance in Effect for The Accident?

It is important to note that in Florida the car insurance that applies to an accident is the insurance that is in effect on the day of the accident. Thus, switching insurance after an accident cannot impact any coverage that was in effect after an accident. There are advantages and disadvantages of switching from company to company or staying with the same company for many years. Many people think that car insurance is fungible, meaning that so long as the coverage is identical, insurance is equal no matter what the name of the company is that is on the policy. Thus, those people will switch from one company to another based on what is the lowest price. On the other hand, many companies offer discounts to customers who have been with them for a long time, particularly if they have good driving records.

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Mistakes Made by People in Accidents in Florida – Mistake Number 18 – Not Wearing Your Seat Belt in A Car Accident

In Florida, there are comparative fault statutes. This means that a jury can consider the plaintiff’s negligence (the plaintiff is the person who is injured and suing someone else for their injuries) in terms of a percentage which will reduce the amount owing by the person who the jury also finds to be at fault. Further, even though you are not at fault in terms of causing an accident, if you are not wearing a seat belt, a jury may consider your failure to wear a seat belt as comparative evidence of negligence. Thus, if a jury finds that your not wearing a seat belt is partially the cause of your injury, the can apportion some fault to you which will reduce your damages. I copy part of the seat belt law below.

The seat belt statute 316.614 of the Florida Statutes provides, in part:

(4) It is unlawful for any person
(a) To operate a motor vehicle unless each front seat passenger of the vehicle under the age of 16 years is restrained by a safety belt or by a child restraint device pursuant to s. 316.613, if applicable, or
(b)To operate a motion vehicle in this state unless the person is restrained by a safety belt.
(5) It is unlawful for any person 16 years of age or older to be a passenger in the front seat of a motor vehicle unless such person is restrained by a safety belt when the vehicle is in motion.

Subsection ten (10) of F.S. 316.614 discusses how the seat belt statute should be used in a civil action:

A violation of the provisions of this section shall not constitute negligence per se, nor shall such violation be used as prima facie evidence of negligence or be considered in mitigation of damages, but such violation may be considered as evidence of comparative negligence, in any civil action.

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Mistakes Made by People in Accidents in Florida – Mistake Number 17 – Not Listing All Household Residents when You Submit Your Application for Car Insurance, Ultimately Resulting in Denial of A Claim when You Need It Most, Which Is After an Accident

We all purchase insurance for the times when we need it most. Thus, it is a big mistake when you application for insurance is inaccurate as in some instances it can result in your claim being denied and your insurance policy rescinded for material misrepresentation. The most common mistake is when people sign an application for insurance, which does not list ALL household residents or ALL household drivers (the bottom line is that the applications are worded differently by different insurance companies; the questions should be answered accurately!). If you application lists you living alone and yet at the time that you filled out the application you had other people living at your household, this could result in the insurance company denying your insurance claim for material misrepresentation and ultimately rescinding your policy. This is a big mistake as we all purchase insurance for when we need it most, like after an accident! Thus, be sure to answer all the questions on a policy of insurance accurately, as if you do not it could result in your claim being denied when you need it most.

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Mistakes Made by People in Accidents in Florida – Mistake Number 16 – Not Realizing that You Have a “third Party” Injury Case when You Are Injured at Work and Thus only Making a Workers’ Compensation Case and Not Pursuing the At Fault Person or Company for Your Injuries when Injured at Work

Generally, when you are injured at work, workers’ compensation applies and regardless of who is at fault, the workers’ compensation insurance pays your medical bills and most of your wages. It is a no-fault system; thus, the cause of the injury is generally not an issue. As a result, your employer is entitled to immunity from being sued by you for your injuries under our tort system. HOWEVER, the law generally does permit you to sue THIRD PARTIES for your injuries, even when you are pursuing a workers’ compensation case. By example, if your boss sends you to the hardware store to purchase some products for a job and you are injured due to a leaky roof at the hardware store, you generally should have a workers’ compensation case to get your medical bills paid and most of your wages paid through your EMPLOYER’S insurance. However, there are some damages that are NOT compensable through worker’s compensation. For example, pain and suffering is generally not compensable through workers’ compensation. Also, the wages generally paid is at 66 percent, so you are not compensated for 33 percent of your wages. These sorts of damages would be part of your claim against the third party, in the example above the hardware store. That third party case would be a tort case and thus you would have to prove fault on the part of the third party or hardware store. And this general rule with workers’ compensation applies to all sorts of injury case: car accident, fall cases and essentially any injury case where someone is injured as a result of another’s negligence. Some people ask: would the workers’ compensation insurance be happy about such a claim? The answer likely is yes as under Florida law, the injured person is to seek to collect all their damages (including all medical bills and all wages) and if they collect, then the workers’ compensation insurance is entitled to recoup what they laid out for the medical bills and wages.

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Mistakes Made by People in Accidents in Florida – Mistake Number 15 – Not Submitting a Timely Wage Claim in An Automobile Accident Case

In Florida, there is no time requirement for submitting a wage claim. The insurance company generally has 30 days to pay the wage claim under Florida law. However, if it is submitted after the PIP benefits exhaust, then the PIP insurance carrier is not responsible. The injured person would still be entitled to collect their wages as part of a claim against the at fault driver. Of course, if the injured person is at fault, then in that scenario, there would be no insurance to pay the lost wages (unless client had some form of sick time at work or disability insurance). Under rules effective January 1, 2013, there are only $2,500.00 in PIP benefits and $10,000 in PIP benefits if the client has an “emergency medical condition.” In either scenario, if the PIP wage claim is not timely submitted, you will either have to wait to collect these monies against the at-fault insurance company via a jury verdict or an out of court settlement or, if you are at fault, then you will not be able to collect your wages when the PIP benefits exhaust.

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Mistakes Made by People in Accidents in Florida – Mistake Number 14 – Not Disclosing to Or Discussing with Your Doctor All of Your Injuries Sustained in The Subject Accident

This is another common mistake that I see in injury cases and would like to write about. The client gets into a bad car wreck or a bad fall accident and has pain in their neck and back AND knee. The client goes to a chiropractor whose focus is with neck and back and so the client does not mention the knee injury to the chiropractor. Thus, there is no record of the knee injury until4 or 6 weeks later when they see an orthopedic specialist. The problem is that now the case looks like there is no knee injury reported until that time and the defense likely will argue that the accident did not cause the injury. Thus, it is important in Florida to mention to all your treating doctors, particularly the first treating physicians and emergency room physicians if you go to the hospital, about EACH and EVERY area in your body where you feel pain.

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Mistakes Made by People in Accidents in Florida – Mistake Number 13 – Not Disclosing to Or Discussing with Your Doctor About Prior Accidents or Prior Similar Injuries

Nowadays when you make a injury claim against and insurance company, the claim is put in a database that most of the insurance companies share and have access to. Thus, when you are making a claim in the future, the insurance company can see if you have made prior claims before. Further, this will tell the insurance company the date of the accident, the insurance companies involved, the nature of the accident, the nature of the injuries and so forth. Thus, if you had a prior accident and complained of neck pain in the past, the insurance company in the future will generally know about it. Thus, when clients do not disclose to their doctors about these prior accidents and try to pretend like those prior accidents exist, in most cases this does not work and in all likelihood will be used against them. The shame is that sometimes a prior accident involving the same body part can be used to the injured person’s ADVANTAGE! If the injured victim advises their doctor and gets those prior records and diagnostic tests to the doctor (like x-rays, MRIs and so forth), perhaps that may help to show exactly what injury THIS accident caused and perhaps this could be used to the ADVANTAGE of this accident. By example, if a year prior, the person has an neck injury and the MRI shows a very small bulging disk at a certain level and after the new accident, that same disk has become significantly worse, then there likely would be a strong argument that the accident caused the aggravation of the neck. Thus, it is possible to use the prior accident as a positive instead of trying to hide it and it becoming a negative to the case. How would hiding it become a negative? Because in a court setting when the jury understands that the client did not tell their doctors about a prior and similar injury, they may not like the client for doing that and thus is severely hurts the case.

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Is It Okay to Fix My Car on My Own in Florida without My Insurance Company or The Other Insurance Companies Involvement After an Accident that Was Not My Fault?

Generally, there is nothing to prevent you from doing this but I would not advise fixing the car before letting them see the car and getting pictures. Further, if the other vehicle is at fault, then generally they will fix your car and get you in a rental car without you having to go out of pocket. You are even allowed, generally, to have the car fixed at any shop that you like, although it is common for insurance companies to try to push you towards their “pro” shops where they have pre arranged discounts. The other concern is that if you were to get the car fixed and not get pictures, if you were injured and if the pictures would be helpful for your injury case, then that advantage would be gone.

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Mistakes Made by People in Accidents in Florida – Mistake Number 11 – Choosing a Doctor that Does Not Speak or Does Not Have Staff that Speak Your Primary Language.

Communication with your doctor following an accident is very, very important. For some of my clients whose first language is not English or whose primary language is not English, it is important, if there is such an option, to treat with a doctor that has the ability to speak your native language or at least to treat with a doctor that has an assistant who can translate for you. The reason is that if there are inaccuracies in the medical reports, regardless of the other issues in the case, such inaccuracies are harmful to the case. So, for example, if you complain of lower back injury and knee injury but the doctor does not understand and only documents the lower back injury and later on the doctor figures it out but now it looks like the knee injury is not related to the subject accident because there is no reference to it until a month later. Thus, if you had better communication with the doctor the knee injury is more easily connected to the accident.

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Uninsured or Underinsured Motorist Coverage in Florida: Do I Need Permission from My Insurance Company to Accept the Offer from The Other, At-Fault Insurance Company?

Generally, under Florida law, prior to accepting a policy tender or any offer from the at fault insurance company, in order to make an underinsured motorist claim, the injured person must request permission from the underinsured motorist carrier or carrier PRIOR to signing the release and accepting the settlement. Under Florida Statute 627.727 (5), the injured person must, by certified letter, seek authorization of the settlement and the underinsured motorist carrier has 30 days to authorize the settlement and therefore waive any right to subrogation against the tortfeasor or pay the policy or offer from the underinsured insurance company to the injured person and retain its subrogation rights. What is critical is that if the injured person would sign the release and take the monies before writing the underinsured motorist carrier, he or she may be waiving their rights to the underinsured motorist claim. It is highly advisable to speak with a lawyer prior to signing any settlement release in a car accident. And just because you do not have uninsured motorist coverage or underinsured motorist insurance on your policy does not mean that you do not have it, as if you were in a car that has uninsured/underinsured motorist coverage, that generally would apply to you.

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Mistakes Made by People in Accidents in Florida – Mistake Number 10 – Asking for Or Demanding Money from Your Own Insurance Company, Following an Accident

Simply put: asking for or demanding money immediately following an accident from the other driver, from the other insurance company, or from your insurance company is generally a very bad idea. Not surprisingly, the insurance companies in an automobile accident (your insurance and the other insurance companies that may be involved) are able to speak to each other and let know certain things that are going on. Thus, if you make demands against one company, it could have impact against one of the other companies. At some point following an injury case where someone is injured and other person is at fault, there commonly are discussions about the injury and what the case is worth, obviously. However, when people when outrageous demands very early into a case, before the injuries are known, this can cause the case to be looked at more skeptically and this is obviously not good for the case.

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Why Is the Insurance Company, Following an Accident in Florida, Pushing Me Towards Their “pro” Shop? What Are the Advantages and Disadvantages of Using One of These Facilities Following an Accident Where I Am Not at Fault?

The major insurance companies (State Farm, Allstate, Geico and Progressive, for example), between fixing their own insured’s cars under a collision policy and fixing someone else’s car that their insured damaged under the property damage portion of a policy, spend millions of dollars every year in South Florida. To control costs, many of the larger insurance companies set up “pro” shops, where in exchange for the referrals, the pro shops offer discounted prices to the insurance company for the labor costs and perhaps even the cost of the parts. So this is the reason the insurance companies push folks towards their pro shop. The incentive to the person with the damaged car for going to these pro shops is that they have car rental very close by and they have certain guarantees of the work, which a private shop often will not offer.

From my perspective (the personal injury lawyer’s standpoint), there are some advantages and some disadvantages of using the pro shop following an accident where the other car is at fault.

The primary advantage is that the pro shops oftentimes offer certain “guarantees” that a car dealer or a private body shop will not offer. Arguably, there is some advantage of using the pro shop in that you are using a connected to the insurance company; thus, the insurance company should not complain about delays and other issues that come up as a result of their sanctioned body shop. I have seen cases where it takes long time due to part delays or other reasons when a client is at a car dealership body shop or a private body shop which results in larger rental car bills and the insurance company refuses to pay all the rental bill. Also, the pro shops usually make it much easier to rent a car (rental company often times located at or near the pro shop).

There are some disadvantages also from the standpoint of the injury claim. First, having the cost of fixing the car at a lower number can impact the settlement or even trial value of an injury case. While I do not agree with such arguments, adjusters commonly refer to a small amount to fix a car, like $500.00, to justify a small offer and the same sort of argument could be made in court (e.g. “How could someone be injured when it merely cost $500.00 to fix the car?). Second, some people may question whether a pro shop is going to fix your car in part from the insurance company’s best interests in mind as opposed to your best interest. Some of these pro shops may have all or a significant percentage of their work come from that insurance company and may get bullied around by the insurance adjuster and not fix certain things that need to be fixed, in order to save the insurance company money. Third, some pro shops may use more after market parts to keep costs down and some people may prefer to have parts from the car’s manufacturer.

Another issue which may play into a decision of whether to use a pro shop is the amount of damage to the car and if the client would prefer to have a car “totaled out” or prefer to have a car fixed. Generally, when the estimate to fix a car exceeds 80 percent of the car’s value, then the car is totaled out; thus, the car is not fixed and the insurance company instead pays the owner the market value of the car on the date of the loss. For various reasons, some clients want their car to be totaled and some people do not want it totaled. IF you would want the car totaled, going to the pro shop may work against you, as the cost of the repair will be lower; therefore, you would be better off going to the dealership or a private, independent shop where regular rates apply. On the other hand, if you are trying to avoid the car being totaled out, then you likely would be better off at the pro shop.

From my perspective (the personal injury lawyer’s standpoint), there are some advantages and some disadvantages of using the pro shop following an accident where the other car is at fault.

The primary advantage is that the pro shops oftentimes offer certain “guarantees” that a car dealer or a private body shop will not offer. Arguably, there is some advantage of using the pro shop in that you are using a connected to the insurance company; thus, the insurance company should not complain about delays and other issues that come up as a result of their sanctioned body shop. I have seen cases where it takes long time due to part delays or other reasons when a client is at a car dealership body shop or a private body shop which results in larger rental car bills and the insurance company refuses to pay all the rental bill. Also, the pro shops usually make it much easier to rent a car (rental company often times located at or near the pro shop).

There are some disadvantages also from the standpoint of the injury claim. First, having the cost of fixing the car at a lower number can impact the settlement or even trial value of an injury case. While I do not agree with such arguments, adjusters commonly refer to a small amount to fix a car, like $500.00, to justify a small offer and the same sort of argument could be made in court (e.g. “How could someone be injured when it merely cost $500.00 to fix the car?). Second, some people may question whether a pro shop is going to fix your car in part from the insurance company’s best interests in mind as opposed to your best interest. Some of these pro shops may have all or a significant percentage of their work come from that insurance company and may get bullied around by the insurance adjuster and not fix certain things that need to be fixed, in order to save the insurance company money. Third, some pro shops may use more after market parts to keep costs down and some people may prefer to have parts from the car’s manufacturer.

The major insurance companies (State Farm, Allstate, Geico and Progressive, for example), between fixing their own insured’s cars under a collision policy and fixing someone else’s car that their insured damaged under the property damage portion of a policy, spend millions of dollars every year in South Florida. To control costs, many of the larger insurance companies set up “pro” shops, where in exchange for the referrals, the pro shops offer discounted prices to the insurance company for the labor costs and perhaps even the cost of the parts. So this is the reason the insurance companies push folks towards their pro shop. The incentive to the person with the damaged car for going to these pro shops is that they have car rental very close by and they have certain guarantees of the work, which a private shop often will not offer.

From my perspective (the personal injury lawyer’s standpoint), there are some advantages and some disadvantages of using the pro shop following an accident where the other car is at fault.

The primary advantage is that the pro shops oftentimes offer certain “guarantees” that a car dealer or a private body shop will not offer. Arguably, there is some advantage of using the pro shop in that you are using a connected to the insurance company; thus, the insurance company should not complain about delays and other issues that come up as a result of their sanctioned body shop. I have seen cases where it takes long time due to part delays or other reasons when a client is at a car dealership body shop or a private body shop which results in larger rental car bills and the insurance company refuses to pay all the rental bill. Also, the pro shops usually make it much easier to rent a car (rental company often times located at or near the pro shop).

There are some disadvantages also from the standpoint of the injury claim. First, having the cost of fixing the car at a lower number can impact the settlement or even trial value of an injury case. While I do not agree with such arguments, adjusters commonly refer to a small amount to fix a car, like $500.00, to justify a small offer and the same sort of argument could be made in court (e.g. “How could someone be injured when it merely cost $500.00 to fix the car?). Second, some people may question whether a pro shop is going to fix your car in part from the insurance company’s best interests in mind as opposed to your best interest. Some of these pro shops may have all or a significant percentage of their work come from that insurance company and may get bullied around by the insurance adjuster and not fix certain things that need to be fixed, in order to save the insurance company money. Third, some pro shops may use more after market parts to keep costs down and some people may prefer to have parts from the car’s manufacturer.

Another issue which may play into a decision of whether to use a pro shop is the amount of damage to the car and if the client would prefer to have a car “totaled out” or prefer to have a car fixed. Generally, when the estimate to fix a car exceeds 80 percent of the car’s value, then the car is totaled out; thus, the car is not fixed and the insurance company instead pays the owner the market value of the car on the date of the loss. For various reasons, some clients want their car to be totaled and some people do not want it totaled. IF you would want the car totaled, going to the pro shop may work against you, as the cost of the repair will be lower; therefore, you would be better off going to the dealership or a private, independent shop where regular rates apply. On the other hand, if you are trying to avoid the car being totaled out, then you likely would be better off at the pro shop.

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Mistakes Made by People in Accidents in Florida – Mistake Number 9 – Asking for Or Demanding Money from The Other, at Fault Driver’s Insurance Company, Following an Accident

This is similar to mistake number 8 where some people demand money against the other driver (“or else they will go to a doctor and sue” for example – very bad!) but is more direct to the at fault insurance company. How serious could someone be or how serious could the injury be if the injured person is demanding money before really knowing what their injury is at the time. This sort of unusual behavior results in the file being “flagged” and a much more difficult claims process. This is a classic example of where it is important to have a lawyer that can evaluate your case and deal with the insurance company in a way where a fair value of your injury can hopefully be achieved. It is important to know your rights, so please call a lawyer to learn about your rights.

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Mistakes Made by People in Accidents in Florida – Mistake Number 8 – Asking for Or Demanding Money from The Other, at Fault Driver, Following an Accident

This is something else that I encounter from time to time. Prior to obtaining a lawyer, the client demands money, usually at the scene of the accident, from the other driver. The other driver in turn tells this to their insurance company. This is a “red flag” sort of thing and makes the client seem particularly litigious and, in my view, is just not good. I highly recommend against this sort of communication as, from a court perspective, if it comes into evidence, this could make a jury very wary of the case and from the claim stage perspective, it puts a “red flag” on the file and very well may result in a more difficult claims process.

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I Was on A Moped and Was Hit by A Car in Florida Resulting in Injuries; Do I Have a Case? What Are My Rights?

Generally, if you are injured by another car while operating a moped, then you have a case against the car owner and driver for your damages. Your damages could include medical bills (in the past and in the future), lost wages and pain and suffering. Usually, in car accidents there will be PIP insurance to pay some of your medical bills and lost wages but generally mopeds are not covered by PIP and thus you medical bills will be due and owing, in Florida, unless you have health insurance. You do have the right to a lawyer, and certainly for a free consultation, like my law firm offers. Depending on your injuries, these cases have varying issues. It is important to note that, in terms of getting money, the law operates in a “fault” system; thus, you are only entitled to money against the other car IF the other car is at FAULT. If YOU are at fault, you are NOT entitled to any money.

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I Was on A Motor Scooter and Was Hit by A Car in Florida; Do I Have a Case? What Are My Rights?

When you are on a motor scooter and are injured due to the negligence of a driver of a car, you do have a personal injury case. There are several issues that have to be mapped out. The first issue is which insurance will be responsible for your medical bills and lost wages. Usually, Florida PIP does not apply to motor scooters and most motor scooters do not have insurance attached to them. Thus, your hospital and medical bills generally will be due and owing unless you have some form of health insurance. If there is no PIP benefits, then under Florida law generally the “permanent injury” threshold to be entitled to pain and suffering will not apply. Thus, you are entitled to recoup your medical bills (past and in the future, if applicable), lost wages and pain and suffering, as well as any scarring or disfigurement. These sorts of cases are tort cases and fault is critical. You are generally only able to collect against a vehicle that is at fault; in other words if you are at fault and your PIP exhausts before you submit the wage claim, there will be not way to get reimbursed for wages (absent sick time from work or disability insurance).

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Mistakes Made by People in Accidents in Florida – Mistake Number 7 – Being Rude with Your Own Car Insurance Company, Following an Accident

This is something that I encounter more than I would think in my Florida practice. In Florida, your own car insurance is responsible for at least some of your medical bills (under current law in effect for 2013, it pays 80 percent of medical bills up to $2500 for non-emergency medical condition case or up to $10,000 if an emergency medical condition exists), plus in some situations you may have to use your insurance to fix your car and in other situations you may have to use your insurance for uninsured or underinsured motorist coverage if the other vehicle is at fault and has no bodily injury insurance or not enough of it. Thus, being rude is not going to help your case but instead may put a “red flag” on your file which may make the claim process more difficult.

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Am I Entitled to Money for My Injuries for A Car Accident in Florida Where I Was a Passenger in A Taxi Cab and The Taxi Cab Was at Fault?

Yes, generally if you are injured in an accident in Florida where the taxi cab was at fault, you would be entitled to recoupment of medical bills, lost wages and pain and suffering upon certain proof. In Florida, taxis are not required to have personal injury protection (PIP); however, if you live in Florida, you may qualify for PIP under your own insured vehicle or under an insured vehicle owned by a resident relative. Further, if you live out of state, you MAY also be entitled to PIP under vehicles in your state. Regardless, you would have a case against the at fault taxi cab and may want to consult an attorney as to exactly what your rights are in such a case.

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Mistakes Made by People in Accidents in Florida – Mistake Number 6 – Being Rude with The Insurance Company of The Other Car that Caused the Accident, Following an Accident

Again, making outlandish demands on the other insurance company following a car accident or otherwise being rude to them is generally not going to help you with your case. You want to cooperate with the other insurance company to the extent required by law, which is why it is important to know your rights and speak with a lawyer that focuses their practice on injury cases.

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Mistakes Made by People in Accidents in Florida – Mistake Number 5 – Being Rude with The Insurance Company of The Place Where You Fell, Following an Accident

This mistake does not happen a lot but does happen and makes resolving a case very difficult. People sometimes get rude with the insurance companies or make incredible “demands” on the insurance company, like “pay me a million dollars or I will call the local television station.” These sort of outlandish comments made by the injured person, all things equal, make an insurance company flag the file. In all likelihood, this sort of evidence does not come into evidence but it makes the insurance company not like the injured person and that does ultimately make an amicable resolution more difficult. While lawyers can explain your rights and the law to you, lawyers are also trained to be diplomatic, which I believe makes resolving a case more practicable.

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Mistakes Made by People in Accidents in Florida – Mistake Number 4 – Being Rude with The Employees or The Manager of The Place Where You Fell, Following an Accident

This is a very similar mistake to number 3 but in the context of a fall accident. Being rude is not going to help your cause to get fair compensation! If you are able, it is important to report the accident. Often times, the claim experience that you are going to have following an accident will be markedly different if the manager of the store expresses sorrow for the accident and feels bad for the person who is injured. All things equal, if a manager calls and reports that the injured person was rude and unruly, the claim process may take a completely different path. It is questionable about whether this sort of evidence would be allowed by a judge into evidence, but certainly if such evidence did come into play, this may be something the jury would not look at in a favorable light.

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Mistakes Made by People in Accidents in Florida – Mistake Number 3 – Being Rude with The Other Driver Following an Accident

The mistake referenced in this post can hurt a case in different ways. Although something like this may not be allowed by the judge in your case if it would make it to court, if such evidence would come in a jury may not like that. Secondly, when you are rude to the other driver, the other driver likely will report this to the insurance company and your case may be “flagged” as a problem case. To some degree, your injury case is your injury case and depending upon all of the issues – fault, damages sustained and the relatedness of the injuries to this particular accident – it would have a certain range of settlement value and jury verdict value. However, an insurance company may then value your case on the lower end of that range if you case has been “flagged” or a jury likewise may award less than otherwise if it does not like some behavior that it hears during the testimony.

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Mistakes Made by People in Accidents in Florida – Mistake Number 2 – Giving a Recorded Statement when Same Is Not Required

This is a common mistake given by injured people following an accident. In some instances, you ARE REQUIRED to give a statement to an insurance company. You are allowed to have a lawyer and have the lawyer prepare you for the statement. There are other instances where you ARE NOT REQUIRED to give a statement to an insurance company but you can give one voluntarily. The insurance company often will not let you know whether you are required or not to give the statement. Other than being diplomatic and attempting to be nice to the insurance company, there are very few positives of giving a statement, particularly a recorded statement. Thus, giving one at the very beginning of a cases, before you have a lawyer and when you may be on medication from the accident or otherwise not feeling up to giving a statement, is often NOT a good idea. I do think it is important to, at a minimum, speak to a lawyer before you give a statement for an accident in Florida.

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Mistakes Made by People Injured in An Accident in Florida – Number 1 Mistake Is Giving a Statement to The Insurance Company without Speaking to A Lawyer First

I believe the one of the top mistakes made by people that are injured in an accident in Florida is speaking with the insurance company for the at fault vehicle or for the place where you were injured without speaking with a lawyer first! In all likelihood, this is your first accident. However, the person working for the insurance company does this for a living and can do several things to take advantage of the unsuspecting plaintiff. Generally, in Florida, an at fault insurance company is NOT entitled to a statement, and that is one thing that people oftentimes doe is to give a recorded statement about how the accident happened or about their injuries. I see very little value that the statement will do for your case – it can only be used against you and will never be used to help you. People forget about certain injuries and give a statement where they deny any injuries other than a certain body part, which is hurting most. Later, when another body part becomes the bigger injury, then the statement is used against you to suggest that the accident did not cause the accident. So effectively the client gives a recorded statement that is not required that significantly damages their case.

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If I Don’t Own a Car or Live with A Relative that Owns a Car in Florida but Was Involved in An Accident in Florida as A Passenger in The Taxi, Is There Personal Injury Protection (pip) to Pay My Medical Bills?

Under Florida law, generally taxi cabs are not required to have personal injury protection coverage. In theory, a taxi cab could add PIP or medical payment coverage to its policy but this is not very likely. Thus, in the vast majority of situations, PIP is not available in Florida taxi cabs. Thus, the only way to get your medical bills reimbursed (other than through health insurance obviously) or monies for pain and suffering would be to sue the vehicle that caused the accident, either the taxi cab or the other vehicle. It is important to note that under Florida law there are certain coverages that are required. In fact, Bodily injury liability coverage of $125,000.00 per person but $250,000.00 per accident is required. Thus, if the taxi cab is at fault, it would have the above coverage to pay for your injuries. If another vehicle is at fault, that vehicle may carry bodily injury liability but that would have to be checked by you or your lawyer.

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Comparative Fault in Florida – how Does a Jury Apportion Fault and Damages?

In Florida, there are comparative fault laws as part of our negligence laws. Thus, a jury is to apportion fault based on the facts of the case. In other words, a jury is to consider the evidence and, if applicable, find the appropriate percentage of fault of the parties and non-parties to the lawsuit. This is generally done in a percentage basis with the total of apportioned percentage being 100 percent, of course. Thus, if the jury is considering the fault of a driver of car 1 who is suing the driver of car 2. It would have several choices: first, it could find not fault on the part of car 2, which would result in no monetary award from driver 1. It could find only fault on the part of car two, in which car 1 driver would be entitled to a judgment for 100 percent or all of their damages. It could find fault on both drivers and apportion fault by percentage. If they found 50 percent fault on both drivers, then the driver of car 1 would be entitled to 50 percent of their damages (damages generally equals medical bills, pain and suffering, lost wages, etc.). If the jury found 90 percent fault on driver 1 (the plaintiff who is suing driver 2) and 10 percent fault on driver 2, then driver 1 would only be entitled to 10 percent of their damages. Thus, the jury generally apportions fault and then the damages are assessed against each defendant by the percentage of fault that the party bears.

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If You Own a Car or Live with A Relative that Owns a Car in Florida, Can You Use that Personal Injury Protection (pip) Coverage for An Accident in Florida that Takes Place While You Are a Passenger in A Taxi Cab?

Generally, you are able to get PIP coverage for an accident in Florida in a taxi cab; however, this is generally ONLY the case if you own a Florida vehicle or live with a relative that owns a vehicle. Under Florida law, taxi cabs and limousines are exempt from the mandatory personal injury protection (PIP) coverage that personal automobiles must include pursuant to the Florida No-Fault Motor Vehicle Act. Oftentimes, if someone riding in a taxi cab owns a car here in Florida, then they may have access to Florida PIP through their own car and generally under Florida law, your own car insurance is primary for PIP when you are in another vehicle, including a taxi cab. Further, if someone riding in a tax cab lives with a relative that owns a car, then that relative’s PIP oftentimes will provide PIP in that situation. However, if you do not own a car or live with a relative that owns a car, then generally there will be no PIP to the passenger in the taxi cab but that person will be able to sue the cab company or the other vehicle, depending on who is at fault. In that situation, all of the medical bills and lost wages generally would be due and owing against the at fault vehicle.

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Comparative Fault in Florida – Does It Apply in Fall Cases or Other Premises Liability Cases?

Generally, yes, comparative fault applies to all negligence cases in Florida including fall cases and other premises liability cases.

Under Florida’s comparative fault laws, a jury is to apportion fault between all parties and non-parties in a lawsuit. Most commonly, there are comparative fault arguments made against the plaintiff (the person who is injured and bringing the lawsuit. By example, if Mary Martin falls in a dollar store because there is some dishwasher detergent spilled on the floor by an employee and Mary sues the store, it would be expected in that sort of scenario that the store would argue that Mary bears some responsibility for not seeing the detergent on the floor. The first issue is for the jury to find whether the store is legally responsible for the fall. If they do, then they can consider whether Mary also bears liability. If they find both, then they must apportion fault between Mary and the store – 50 percent, 50 percent or 30 percent for Mary and 70 percent for the store, and so forth. If they would find Mary 30 percent responsible and find that her total damages (medical bills, lost wages, pain and suffering, and so forth) was $50,000, then her judgment against the store would be for $35,000 or 70 percent of her damages.

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Do Taxi Cabs in Florida Provide Personal Injury Protection (pip) Benefits for Its Passengers to Pay Medical Bills Stemming from A Car Accident or Pay Lost Wages?

Generally, Florida taxi cabs do not provide PIP coverage in Florida. In Florida, most vehicles are required to have personal injury protection (PIP) and such coverage pays your medical bills, regardless of fault. However, under Florida law, taxi cabs and limousines are exempt from the mandatory personal injury protection (PIP) coverage that personal automobiles must include pursuant to the Florida No-Fault Motor Vehicle Act. However, if you own a car in Florida or live in Florida with a relative that owns a car, you may be able to qualify for PIP benefits under those cars. If you are injured in such an accident, you may be entitled to money for your injuries.

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Comparative Fault in Florida – Seat Belt Defense – if I Am Not Wearing My Seatbelt in Florida, Can This Impact My Injury Case?

Yes, not wearing a seat belt can impact an injury case. Per the Seat Best statute referenced below, if a jury finds that your injuries were caused by not wearing a seat belt, it can assign comparative fault to you and thus your damages would be reduced. Thus, if a jury finds the other car was at fault for the accident and that you sustained total damages of $100,000.00 but that you were not wearing your seat belt and that not wearing your seat belt amounted to a 50 percent comparative fault finding, then your damages would be reduced to $50,000.00.

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Comparative Fault in Florida – Can Intoxication Be a Reason for Comparative Fault? Is Florida a “pure” Comparative Negligence State?

Yes, under Florida law intoxication can be a reason for comparative fault, generally. Interestingly, the legislature has taken this point and made a statute out of it, Florida Statute section 768.36 basically states that an injured person cannot recover damages if they are under the influence of drugs or alcohol and, as a result, was more than 50 percent at fault for the injuries. So while Florida is generally considered a “pure” negligence State (pure in that in most cases even if plaintiff is 99 percent at fault, they can still recover the 1 percent damages from a party that bears such liability), this is an exception to that rule. Thus, if a jury finds that the injured person’s alcohol intoxication was the cause of 50.01 percent of the injuries, then instead of recovering 49.99 percent from the person sued, they recover nothing! There seem to be some arguments to whether this law is constitutional but for now this law law is on the books. By example, if a landowner is negligent for a dangerous condition on the property but the jury finds that the injured person was legally drunk and their intoxication was 55 percent of the reason they fell and were injured, then under this statute the injured person would recover nothing.

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In Florida, Are Limousines Required to Have Personal Injury Protection (pip)?

Generally, no limousines are not required to have personal injury protection (PIP) coverage in Florida. As discussed on previous blog entries, PIP generally pays for some of your medical bills following an accident in Florida. If you are in a limousine in Florida, however, that vehicle generally will not provide such coverage. If you own a car in Florida with car insurance or live with a relative in Florida with car insurance, then that vehicle’s insurance may provide you the medical or PIP coverage, even though you were in a limousine and not that other vehicle. If you are someone who lives out of state and owns a car or live with a relative out of state that owns a car and if your vehicle has PIP or some form of medical payment coverage, then that vehicle’s insurance MAY provide you coverage. Otherwise, you will have to have any medical bills submitted to your health insurance company if you have that coverage. As a passenger of a limousine, you are obviously not to blame for the accident and thus you may be able to make a claim against the at fault vehicle, either the limousine or the other vehicle involved. Boca Raton Limousine accident attorney, West Palm Beach limousine injury lawyer, Miami limousine accident lawyer, Coral Springs limousine injury attorney, Pompano limousine accident attorney.

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Comparative Fault in Florida – Does It Apply to Car Accidents?

Generally, yes comparative fault applies to car accidents in Florida. Thus, a jury is to look at all parties and non-parties that are raised in the pleadings and to assign a percentage to anyone that may be at fault. AND the jury can look at the plaintiff (the person suing) as well in terms of apportioning fault. It is easier to look at some general examples to explain. A car is stopped at a red light and then the light turns green but the person is texting, so 30 seconds goes by and they are just stopped at the green light. A car comes and does not realize the car is stopped at the green light and hits them from behind. In these scenarios, a jury will often find all or most of the fault against the car that hit the car from behind and as discussed on prior blogs, there is a presumption of fault against the car from behind in the rear end collision. In that law suit, the car from behind very well may argue that the person sitting in the car texting bears some responsibility for being stopped at a green light. If the jury “buys” that argument they may attach some blame/fault against the car in the front. For example, they may assign 25 percent fault against the car in front. If the jury also finds that the personal injury damages are $40,000, then the verdict gets reduced by 25 percent and the plaintiff will recover a judgment of $30,000.

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Comparative Fault in Florida – What Does It Mean?

In Florida negligence actions, the laws of comparative fault generally apply. Thus, in a court setting, a jury is to apportion fault between the parties, and the parties can include both the defendant AND the plaintiff. Thus, in a car accident case where Mary Martin sues John Jones, for example, a jury can find that BOTH cars are at fault. In that situation, the jury must apportion fault, meaning they must then divide up 100 percent between the two cars in terms of who bears more or less responsibility – like 50 percent to Mary and 50 percent to John or 10 percent to Mary and 90 percent to John and so forth. In a fall case, similarly, if Eric Edwards sues Sally’s supermarket – a jury can find both the supermarket AND Eric to be at fault. So if, for example, Sally’s Supermarket argues that Eric is partly at fault for not seeing the water on the floor that had leaked from the refrigerator, a jury can factor that into the liability decision. Again, if they find the Supermarket is at fault for having the leaky refrigerator but that Eric should have seen it, then the jury would generally have to apportion fault – like 50 percent to Sally’s Supermarket and 50 percent to Eric or 75 percent to Sally’s supermarket and 25 percent to Eric. In any situation where the fault is being apportioned in Florida, generally the damages are reduced by the fault of the plaintiff. So if the jury finds that Eric’s damages are $100,000 but that he bears 50 percent responsibility, then ultimately Eric gets a judgment against Sally’s Supermarket for $50,000.

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Do I Have a Case in Florida if The Other Driver Causes the Accident but My Doctors Find that I Do Not Have an “emergency Medical Condition?”

In Florida, there is a no-fault, personal injury protection (PIP) system. This means that your own insurance, or your relative’s insurance or sometimes the insurance of the vehicle that you are in, pays your medical bills regardless of fault. Generally, PIP pays 80 percent of the medical bills. Previously, PIP paid up to $10,000 in all cases to which it applied. Under a new law, that was enacted in 2012 and applies to accidents after January 1, 2013, PIP only pays up to $2,500 if there is NOT an “emergency medical condition.” If there is an “emergency medical condition” then PIP pays up to $10,000. An emergency medical condition must be found by a qualified physician and notably chiropractors were not included as a physician that is able to find an “emergency medical condition” as defined in the law. There is nothing in the law that limits your ability to collect against the other side because you do NOT have an “emergency medical condition” and in fact, all things equal, the injured person very well may have a higher claim for medical bill reimbursement if there is not an emergency medical condition, as less of the medical bills would be paid (other driver entitled to set off of $10,000 if there is an “emergency medical condition” but only $2,500 if there is not an emergency medical condition). So generally, an injured person will still have a case for their owing medical bills, lost wages and pain and suffering (generally non-economic damages like pain and suffering only owing if a jury finds there is a “permanent injury” or one of the other enumerated threshold findings), even if the doctors find that you do not have an “emergency medical condition” as defined in the new PIP law.

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Do I Have a Case in Florida if The Other Car Is at Fault but I Do Not See a Physician Within 14 Days?

In Florida, when you are in an accident, your own insurance (sometimes injured people who don’t own a car will qualify under a resident relative’s policy or under the policy of car insurance for the vehicle they were in), pays some of your medical bills. Generally, PIP pays at 80 percent and pays up to a certain sum (traditionally PIP paid up to $10,000 but under the new law if there is not an “emergency medical condition” then PIP pays up to $2,500. Under Florida’s new Personal Injury Protection (PIP) law that applies to accidents after January 1, 2013, in order for the applicable PIP insurance to pay anything, there must be treatment within 14 days; otherwise, PIP generally will not pay anything. However, this does not mean that you cannot begin treatment after the 14 days and sue the other driver for those medical bills! thus, you very well MAY have a case in Florida if you begin to treat at 14 days IF the other vehicle is at fault. Obviously, there will be an issue of those bills being related to the accident if treatment begins on the 15th day or thereafter. Said another way, the insurance company for the at fault driver may contest the causal connection between treatments started too far after the accident.

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Is Giving a Recorded Statement to An Insurance Company a Good Idea Following an Accident Case (car Accident, Slip and Fall, Etc.) in Florida?

Generally, recorded statements are not a good idea. The reason is that the more times you describe an accident, particularly with time in between the statements, you more likely you are to have differences in your recollection and this could be used against you. Thus, as a general matter, you only want to give recorded statements that are REQUIRED. The issue then becomes when is a statement required. Before a lawsuit, you may be required to give a recorded statement when you are making some form of “first party” claim. A first party insurance claim generally refers to a situation where you are in privity (privity meaning you are in contract with the insurance company) with the insurance company but there can be other situations where you are considered first party where you are seeking first party benefits bbut are not in direct privity. The easiest example is in a car accident, your policy generally requires you to give a recorded statement. In fact, the insurance policy may also require you to give an examination under oath (EUO), which is a sworn statement and similar to a deposition without a pending law suit. It is important to note that you are allowed to have a lawyer present and to be prepared by the lawyer. Generally, the insurance company that you are making a claim against is not entitled to a recorded statement, before suit. Obviously, once a lawsuit is filed, they are entitled to a deposition.

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Florida’s New Personal Injury Protection (pip) Law; What Does It Mean to You?

For a variety of reasons, the legislature passed a law that applies to accidents after January 1, 2013 that significantly alters PIP coverage. There is some confusion in the industry as to whether all accidents after January 1, 2013 will be covered. For example, there is arguments to suggest that the law applies to accidents after January 1, 2013 AND for policies of car insurance that were renewed after January 1, 2013. So this is the first issue that will be handled in the courts.

There are two major overhauls of the PIP laws. The first issue is that there must be some treatment (hospital or doctor) within 14 days from the date of the accident or PIP will not apply. This does not mean that you cannot sue the other driver if you do not seek treatment within the 14 days but that your own car insurance company will not be responsible for your medical bills if you do not have some car within 14 days. Of course, if there is no treatment within 14 days, this would impact the value of the case in any event.

Further, unless there is a finding of an “emergency medical condition” by a certified physician (the types of physicians are listed and notably a chiropractor is NOT included as a physician that can find an “emergency medical condition”), the PIP is limited to $2,500 instead of $10,000.

There are many other changes to the law. One was that treatment with an acupuncture physician is not payable under PIP but again such treatment could be done and a claim for same against the at fault person. Also, certain massage treatment is not payable by PIP but again such treatment could be had and then made against the at fault insurance if applicable.

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Uninsured or Underinsured Motorist Coverage in Florida – What if The Other Car Hits Me and Flees the Scene and Thus I Do Not Know Whether the Other Car Has Insurance? Do I Have a Case?

Generally, uninsured motorist coverage covers you for your own bodily injury when 1) the person that causes the accident has no insurance; 2) the person that causes the accident has insurance but no enough and 3) a hit an run situation. When the other vehicle flees the scene and the police are unable to locate that car and or driver, then the only way to have a case in that scenario, generally, is if you have access to uninsured motorist coverage. Uninsured motorist coverage protects you when you are hit by a car that flees the scene and that other car is at fault. It also protects you in scenarios where the at fault car has no insurance, no bodily injury coverage or not enough bodily injury coverage. Generally, your own uninsured motorist coverage will apply to you whether you are in your own car or not. Generally, if you are in someone else’s vehicle, and that vehicle has uninsured motorist coverage, then it will apply to you. Also, in some circumstances, if you live with a relative that owns a car that has uninsured motorist coverage, that may apply to you, whether you are in that car or not. Thus, if you have available uninsured motorist coverage (in any of the ways discussed above), you may have a personal injury case when another car causes an accident and flees the scene. Obviously, if you cannot sue the other person or vehicle because they have fled and were not found, then the only way to have a “case” is if you have uninsured motorist coverage available to you. Please call Drucker Law Offices today for a free consultation to figure out whether you have available uninsured motorist coverage in your accident where the other car caused the accident and left the scene.

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In Florida, What Happens when My Car Is Deemed a “total Loss” but The Value of My Car Is Less than What I Owe on The Car? What Are My Rights? Do I Owe the Difference?

If a car is deemed a total loss, the at fault person (usually through their insurance company) owes the fair market value of the vehicle plus loss of use. Loss of use is generally a rental car for a reasonable period of time to purchase a new car in the total loss scenario. What happens if the person owes more money on the car that what the car is worth. Generally, the value of the car is the value of the car. Assuming that the parties agree to that value, and this law firm does not see a lot of disagreements about the value of cars, it really does not matter what is owed on the car. The person that damaged the car owes it value, the loss of use and that is it, in terms of property damage (of course, there may also be personal injury!). In theory, the agreed value would be sent to the finance company and the owner would owe the balance of the loan. Oftentimes, finance companies require or people purchase what is known as “gap” insurance. Gap insurance pays the difference between the totaled value of the car and what is owed on the car. So if a car is totaled at $10,000.00 but for some reason there is $15,000.00 owing on the car, then the gap insurance pays that $5,000.00 difference.

There are many reasons that someone may be “upside down” (where what is owing is greater than the value of the car) on a car. First, they may have negotiated a bad deal or in other words over paid for the car. Another reason is that someone may have very bad credit and while they are paying down the loan the car is depreciating quicker than they are paying down the loan. Some people are upside down on one car and they trade it in and roll the debt into another car. There are various reasons that someone may owe more

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I Was Hit by A Commercial Vehicle in Florida (work Vehicle, Business Truck, 18 Wheeler Truck, Construction Vehicle, Etc.)? What Are My Rights? What Is the Difference Between Between an Accident Caused by Personal Vehicle versus A Commercial or Business Vehicle?

Generally, there is no difference between your rights when you are hit by a commercial or business vehicle as opposed to being hit by a personal vehicle in Florida. If the other vehicle is at fault, you are generally entitled to your damages – past and future related medical bills, past and future lost wages or loss of earning capacity, non-economic damages like pain and suffering and loss of the enjoyment of life (only if you prove the enumerated thresholds, the most common being a permanent injury) and so forth – that are caused by the accident. This is generally true whether you are making a claim against a person or a company. Generally, commercial or business vehicles have higher insurance policies or a larger company very well may be self insured. This is one key difference between the commercial claim versus the personal claim in a car accident setting. Now there ar some individuals who have more insurance than some businesses but generally a business will have a larger policy and it is not uncommon to see $500,000.00 or $1,000,000.00 in coverage on a commerical claim. Another distinction is that many business vehicles are large in size (like an 18 wheel truck or a construction vehicle) and thus the damages to the vehicles and often times the damages to the people inside the vehicles are more severe due to the size and weight of the vehicles.

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Why Do I Need Collision Coverage and Comprehensive Coverage in Florida?

In Florida, as discussed on previous blogs, the only required coverages are Personal Injury Protection (which pays up to $10,000.00 towards your hospital and medical bills in an accident, regardless of fault) and Property Damage coverage, which pays to fix or pay for the other person’s car up to $10,000.00 when you are at fault. Thus, collision coverage and comprehensive coverage are elective coverages which can be declined. Collision coverage generally pays to fix or total your car out in the event of any accident where there is a collision involving the vehicle, although there usually is some form of deductible – $250.00, $500.00 or $1,000.00 most commonly. Comprehensive coverage generally pays for your car in the event of natural disaster (hurricanes, etc.), vandalism, and other situations not covered by the collision coverage. The exact coverage must be read in the terms of the insurance policy.

There are many reasons why you should have collision and comprehensive coverage in Florida. First, if you have a loan against the vehicle, then the lender commonly will require this coverage to protect them. Second, if you own the car yourself, you likely want this coverage because if you get into an accident or if someone damages your car, then you will be protected against the loss. Third, if you have a more expensive car, even if you are not at fault, you may get into an accident with someone who is driving with NO insurance or without enough insurance. If the other car is at fault and you have $20,000.00 of damage to your car but the other car has the minimum $10,000.00 coverage, then there will not be enough insurance to fix your car, unless you have the collision coverage.

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Should I Stop Treating After My Personal Injury Protection (pip) Benefits Exhaust Following a Car Accident in Florida?

This is a very difficult question to answer as there are a lot of variable that would impact my advice on this issue.

The first issue is whether the client has health insurance and further whether the medical providers that the client is treating with are in-network providers and whether those medical providers will bill the health insurance as secondary insurance after the PIP benefits exhaust.

The second issue is whether the other vehicle involved in the accident is at fault and how much bodily injury insurance the other vehicle has to pay the medical bills. When another vehicle is at fault, the generally would owe any reasonable and necessary medical bills that are incurred and thus they would owe the 20 percent copays while there is PIP benefits and further they would owe any medical bills over and above PIP, again so long as the bills are reasonable, necessary and causally related to the subject accident.

Some clients refuse to treat beyond the PIP coverage and, if there is insurance to pay and if they need the treatment (and if it is reasonable, necessary and causally related), then they are simply manipulating the case such that they are not getting the treatment that they need and further may be causing their cases value to be lower in the process.

There are a lot of moving parts in this sort of analysis and for sure, no two cases are alike. If a client, for example, is in a very small accident, and treats what a jury later considers to be unreasonably and if the client does not have health insurance or treats with physicians that are not on his or her plan or will not bill the health plan, then the client is incurring bills that they may be liable for later.

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Why Do I Need Gap Insurance for My Car in Florida?

First of all, what is gap insurance? Gap insurance generally pays for the difference between the value of your car and the amount owing on your car, when you car is declared a total loss in the event of an accident or theft of the car. In other words, it is insurance that covers you when you are “upside down” on your car and the car is totaled out. This sort of insurance is more there to protect the lender on your car, although it obviously protects you as well in this situation. Lenders (the bank or company loaning you money to buy the car) want you to have this insurance, so if your car is badly damaged to the point that it has to be totaled out, between the car insurance and the gap insurance, they will be paid in full. If someone puts a large down payment on a car or purchases a car for below fair market value, then generally someone would not need gap insurance. But many people do not get great deals when they buy a car or they have poor credit and are unable to put a large down payment, so the car is depreciating quicker than they are paying down the loan and thus the gap insurance is necessary. So gap insurance is generally needed when your finance company requires you to purchase same or if you want to protect yourself from the situation where your car is unable to be repaired after an accident and the amount of money that you owe on the car is greater than the fair market value of the car at the time of the loss.

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In Florida, What Can I Do when The Insurance Company Has Deemed My Car a Total Loss? What Are My Rights?

Generally, the first issue to deal with following a car accident is to deal with getting your car fixed. If fault is against the other car, then you should be able to get the car fixed through the other person’s insurance. As discussed, property damage coverage is required in the amount of $10,000.00. You may also be able to get the car fixed or totaled out through your own insurance, if you have collision coverage, although you will be subject to a deductible. When there is a lot of damage which makes fixing it impossible or if the cost to fix the car exceeds its value, then the car gets totaled out.

Florida law requires a person to pay to fix property it damages. If the cost to fix the property exceeds the fair market value of the property, then the tortfeasor (the person that damaged the property) would owe its fair market value (generally, the law is not going to require someone to fix something for $200.00 if the cost of it new is only $100.00!), plus the loss of use. In car accident, loss of use is the cost of a reasonable rental car while your car is being fixed or for some reasonable period of time after a car has been totaled. These same rules apply to cars and car accidents, as well. A car is deemed a total loss under Florida law when the cost to repair it is 80 percent or more of its ACV – actual cash value. See 319.30(3) which is pasted below. When it is deemed a total loss, then you are entitled to its fair market value. While there can be disagreements, due to all the vehicles here in South Florida and the constant sales of cars, the fair market value of a car is pretty easy to ascertain. There can be disagreements as to the whether a car is in fair or mint condition for example or in some cases when someone has put a lot of money into a radio or special rims of a car, there can be some disagreements, but generally a certain car with a certain mileage in a certain condition has a pretty narrow value range. The insurance company is not allowed to value the car at what it may get at auction (auction considered a generally lower value of a car) nor are you entitled to the sticker price of a used car on a dealership lot (generally the sticker price is not what a car sells for) but instead what cars are actually being sold at between parties at arms length transaction. So, when another vehicle is at fault, generally you are entitled to the fair market value of your car, plus loss of use. If you have financed the car, the insurance company is going to require that your car be paid off before you get the remaining value of the car (ie if $4,000.00 owed on car and car is totaled at $10,000; then $4,000.00 paid to finance company and $6,000.00 paid to you.

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Who Pays My Lost Wages when I Fall at A Business Establishment (or Mall or Supermarket or Grocery Store or Retail Store)(publix, Winn Dixie, Albertson’s, Whole Foods, Trader Joe’s, Aldi’s, Etc.) in Florida?

The first issue in any case is who is at fault. If the business establishment is legally at fault (negligence) for the accident, then they would generally owe your damages, which would include lost wages. In my experiences, business establishments or their insurance companies will not pay lost wages piecemeal (in other words they will not pay the lost wages as you miss work) but instead will pay a judgment entered against them in a court of law or will make a lump sum settlement once your treatment is concluded. A jury is generally allowed to award time a plaintiff misses from work that is due to the accident. If the jury finds that they plaintiff missed time for any other reason or thinks they were trying to take advantage of the accident, they could in theory reject some or all of a lost wages claim. But generally speaking, if a business establishment is legally responsible for an accident, they are responsible for lost wages, medical bills and pain and suffering.

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I Was Injured in A Car Accident by A Drunk Driver (dui or Dwi) in Florida, What Are My Rights?

In Florida, if someone is negligent and you are injured, you are generally entitled to damages that are legally caused by such negligence. Such damages may include medical bills, past and future, lost wages, past and future, pain and suffering, loss of the enjoyment of life and other intangible damages. So as a starting point, when you are injured by a drunk driver (someone charged with DUI or DWI), you are entitled to the same damages as if the person was just ordinarily negligent. The next question becomes are you entitled to anything extra because the person was drunk.

In Florida, you may be entitled to punitive damages when someone causes an accident because they were intoxicated. See, Ingram v. Pettit, 340 So. 2d 922 (Fla. 1976); Zuckerman v. Robinson, 846 So. 2d 1257 (Fla. 4th DCA 2003). See also Florida Statute sections 768.72 and 768.73, both pasted below. Punitive damages are meant to “punish” a defendant for his or her conduct. There are too many part of the punitive damages statute or case law to discuss but one key part is that punitive damages cannot be more than 3 times compensatory damages or a maximum of $500,000.00. Thus, if a jury were to award compensatory damages of $100,000.00 in total, then under this law no matter what they awarded for punitive damages, it would be capped at $300,000.00 if a punitive damages award was given at a higher amount. Similarly, if the compensatory damages were $200,000.00, then the punitive damages would be capped at $500,000.00.

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In Florida Injury Cases, What Things Do Lawyers and Insurance Companies Look for In Medical Records?

Medical records are used by plaintiff lawyers to help substantiate injury and the bills that go with them are used as evidence in trials of such cases. Obviously, from the injured person’s lawyer’s perspective, the medical records are going to tie together with the testimony of the injured person to document the damages portion of a case. However, in some instances, this is going to help to putting together other portions of a cases, like liability and causation. For example, the plaintiff’s lawyer may use the medical records or testimony of a doctor to describe how the accident happened and further that this particular accident is the cause of the injuries alleged. A common part of an initial consultation with a doctor will have some part about how the accident happened and about prior medical history. All of these things are used to prove the case.

On the other hand, the medical records can be used by the insurance companies or their lawyers in a court setting as well. If the medical records make no reference to the accident, that could be a problem. If the medical records show significant improvement by the injured person meanwhile they are claiming in deposition that their injury was getting worse during a certain time period, these sorts of discrepancies can be used against the injured person in court. There are sometimes clerical or typographical errors in medical records and these things, if properly blown up by the defense, could cause significant damage to a case.

In summary, medical records are used by both sides of a case. The more accurate they are as to the injury and the more accurate they are in relation to the other evidence, make them support the plaintiff (injured person) case. Conversely, if they are inaccurate or differ from evidence, then they can be used to support the defense.

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How Does My Treatment Impact the Value of My Injury Case in Florida? if My Doctor Wants Me to Go 3 Times a Week (or 4 Times or 5 Times) to Therapy, Should I Follow that Advise in Florida?

As we have spoken about in prior posts, there are three main elements of an injury case: liability, causation and damages. This question of course deals with the third element: damages. In an injury case in Florida, damages are generally comprised of medical bills, lost wages (and loss of earning capacity), and non-economic damages like pain and suffering. If someone has an injury but does not treat for it or does not follow through with the treatment as suggested by the doctor, then this very likely will impact the value of the case. So what is difficult is that if two people who are in the same accident and have the same injury, if one person treats more than the other person, this very well may impact a difference in the values of these two cases. Conversely, if an insurance company (in valuing the case pre-suit) or a jury were to believe that someone was over-treating, this also could impact a case and could cause a jury to reject medical treatment (and the corresponding bills) as being related and cause other negative impacts. For medical bills to be accepted by a jury, the jury must believe the bills are reasonable and necessary (and related to the accident) and if someone is considered a malingerer or is believed to just be over-treating, then this is not good either. In general, it is up to the physicians to recommend what treatment is needed, but of course this is a decision a doctor makes with input from the patient and the complaints given. There is not an easy answer to how much treatment is needed from a legal perspective but of course it is possible to get a second opinion. However, it is important to note that if you are not listening to the advise of your physician in terms of treatment for an injury case, then such decision could impact the value of your case.

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In Florida, Can I Be Sued if Someone Is Injured Inside My Home? Alternatively, Can I Have a Case Against a Friend when I Am Injured at Their House in Florida?

Generally, an owner or occupier of property can be liable for injuries if they have been negligence and that negligence is the cause of an accident/injury. The same rules that apply to supermarkets or businesses apply to homeowners. Thus, generally if there is a dangerous condition on the property that the owner 1) created; 2) knew about or 3) should have known about (constructive knowledge) and as a result someone is injured, there may be liability against the owner of the property. Thus, if there is negligence, then yes you can be sued if someone is injured inside your home in Florida. Conversely, you may have a case in Florida against a friend if you are injured in their house and if they are negligent. If you are injured for no reason or because of something that is open and obvious, then there may not be liability on the part of the home owner. On the other hand, if someone is injured because of a refrigerator that the homeowner knew was leaky but did not warn the guest, then liability may be placed on the homeowner. These are very fact specific cases; thus, every case may be different based upon the facts.

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In Florida, Can I Sue the Insurance Company of The Other Car that Caused the Accident? Similarly, Can I Sue the Insurance Company of A Property Owner that Caused the Accident?

Generally, in Florida, an injured person is not allowed to sue a liability insurance company but must instead sue the insured (the person who bought the policy of insurance). Based on the liability policy, the insurance company will generally the insured a lawyer and will pay any judgment entered against the insured in court. This law is called the nonjoinder statute, meaning you must sue the person or entity that injured you and can only join the insurance company after a judgment is entered that is not paid. A copy of the non-joinder statute is pasted below. So for example, if someone injured you in a car accident but they are insured by Insurance Company, you generally cannot sue State Farm if they do not make a settlement offer you are happy with. You must sue the driver/owner of the other car. Once you get a judgment against them, and if Insurance company would not pay the judgment, then you can sue the insurance company to collect your monies. Similarly, if you are injured on someone’s property, you generally in Florida must sue the property owner or occupier if you are unhappy with the settlement offer, if any, from the property insurer. After judgment, then you can sue the insurance company to collect the judgment against their insured. Please note that in some settings, like when you are suing your own company for uninsured motorist benefits, then you can sue the insurance company directly.

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In Florida, if There Is a $10,000 per Person and $20,000 per Occurrence Policy and Four People Are Injured, Does that Mean There Is $5000 ($20,000 Divided by 4) per Person of Insurance?

A very common bodily injury insurance policy in Florida is called a 10/20, meaning $10,000.00 per person and $20,000.00 per occurrence. This means that the insurance company will indemnify (pay for) their insured (the driver/owner of the at fault car) up to $10,000.00 per person BUT ONLY $20,000.00 per occurrence (generally an occurrence is an accident). Thus, if there is one person that is injured in the accident, then the policy provides up to $10,000.00 of coverage. If two people, it provides up to $10,000.00 per person. But if there are three people that are injured, it provides at most $10,000.00 per person BUT only $20,000.00 for all three in total. If there are four or five people injured, then again there is only $20,000.00 in total and a maximum of $10,000.00 per person. Further, the same rules apply to 25/50 policies, 50/100 policies, 100/300 policies, and so forth but the numbers simply change. It is important to note that the injured person may ALSO have underinsured motorist coverage available to them, over and above these limits.

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I Was in An Accident in Florida and Do Not Have Health Insurance and I Do Not Have Money to Pay My Medical Bills; how Can I Seek Treatment in This Situation?

The answer to this question generally depends on what type of case we are talking about. In car accident cases, generally there is PIP coverage that will apply to the person that is injured, even if they do not own a car. PIP pays for 80 percent of medical bills to $10,000 pertaining to a car accident, regardless of fault. In slip and fall/trip and fall and other accident cases there usually is not any “no fault” type of insurance that pays for medical bills, although some policies will have a “medical payment” coverage that will pay medical bills of anyone who is injured on the property. Usually, the “medical payment” is for a nominal amount, like $500, $2500 or $5000. Otherwise, the policies to property pay on an indemnification basis, which means they will pay to the extent that there is a judgment that the property owner is at fault and which means that the insurance company will offer money if they believe their insured/the property owner is legally responsible for the injuries. There is something called a “letter of protection” which is an agreement between a doctor and a patient (and usually signed by the lawyer as well) where the doctor agreed to treat the patient and withhold collection remedies in exchange for an agreement that the bills will be paid from the injury settlement. This agreement gives clients the ability to see a doctor in the scenario above and is commonly used in injury cases in Florida.

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“he Said, She Said” Accidents in Florida; Who Is at Fault? Can Both Sides Be Found at Fault?

“He said, She said” accidents in Florida are difficult cases to analyze. This sort of case comes in many types but the most typical is at a light where cars are going in perpendicular directions and each says they had the green light and there is no suggestion that there is something wrong with the light. Thus, only one person can have the green light but both claim the green light, which would imply the other has a red light. Generally, if there is a witness who is independent (not someone in either car and not someone who knows either driver) who can state that one car had the green light (usually this person is driving behind one of the cars or is at the intersection for some other reason) then generally that driver’s chance of wining the case is very good. If there are no witnesses, so it is just a case of each car saying they have the green light, it is very difficult to determine how that is going to map out in court. In theory, a jury could side with one car or the other, if they really find that driver to make a more credible witness. The other issue is generally that in theory a jury could not side with either car, as they could find that each car has not met its burden of proof of proving by the greater weight of the evidence that the other car is at fault. In some situations, a jury could find 50-50 fault, assigning 50 percent of blame (or any other percentage based on the evidence) to each car.

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I Was in An Car Accident in Florida Where I Had the Right of Way and Another Car that Had Stop Sign Pulled in Front of Me; but Witness Says I Was Speeding; Who Is at Fault?

The main focus legally on a question like this is that, while oftentimes one car or another is at fault, there can also be scenarios where both cars bear some responsibility. This is called comparative fault and under Florida law, a jury can consider the fault of both cars, if such allegation is made. Generally, when an accident happens where one car has the right of way, then the other car is oftentimes solely at fault. In the facts as presented however, there is an allegation that the car with the right of way was speeding AND there is a witness that corroborates same. Thus, it is possible that the car with the right of way MAY be found partly or fully at fault in the case. There is NO simple answer to this question and ultimately if the parties cannot agree to the fault issues through compromise, etc. then the case would have to be heard before a jury to decide.

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I Was in A Car Accident in Florida and Was Injured but The Other Car Did Not Have Insurance; Do I Have a Case?

Generally, if you are injured for an accident and someone else is at fault, then you would have “a case.” The issue however becomes what if there is no insurance to make a claim against. Please note that the question of whether there is insurance may not be such an easy question as in general one has to look at the insurance of the other car, the driver of the other car, any other possible insurance of the other car (like if someone was working for an employer, there may be a separate policy that might provide coverage for such accident. Further, there may be uninsured motorist coverage that applies to the accident. Such insurance may be on the car that the injured person was driving or a passenger of, may be on the client’s own insurance policy even if the client is not in their car, or may even be on the policy of a resident relative who the injured person lives with, even if the injured person was not in that car. The bottom line is that there is a lot of ways to get insurance but in many cases there still is no insurance. In such cases, there is “a case” but oftentimes from a practical perspective the person who the case is against may not be worth suing and thus there really is NOT a viable case. Of course, these decisions are case to case and it is imporant to discuss this with a licensed Florida lawyer.

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Coverage Denials of Automobile Insurance Policies in Florida? how Does It Work? What Is the Difference Between Insurance Coverage and Liability or Fault?

A common issue that the law firm sees is either the client’s or person in the other vehicle’s insurance company claims there is a denial of COVERAGE for any claims related to the accident. For example, if someone with a perfect driving record starts to live with a child who has a poor driving record, the insurance company may advise that the rates will be higher IF the is an authorized driver of the car. To limit their premiums, the adult may EXCLUDE the child as a driver on the policy. The effect of that legally (and generally) is that the insurance policy will not cover claims where the EXCLUDED driver is driving as obviously the child should NOT be driving the car by the terms of the agreement. In these sorts of cases when an accident ensues where the child/EXCLUDED driver is driving the car, the insurance company very likely will deny the claim based on COVERAGE, as the policy excludes coverage for such an accident. While there may be property damage or bodily injury coverage that may benefit an injured person, the insurance company very likely will deny this COVERAGE and the injured person (a third party to the insurance policy) will also be denied. While the injured person can sue the driver and/or owner of the car that caused the accident, even though there is insurance for property damage or bodily injury those claims will likely be denied and the only recourse may be for a personal judgement against the owner and/or driver.

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Types of Automobile Insurance Coverage in Florida – What Does Personal Injury Protection (pip) and Property Damage Mean in Florida?

Over the next week or so, this blog will discuss different types of automobile insurance coverage. We will start with Personal Injury Protection or PIP and property damage. These two coverages are required by Florida law. The concept of PIP is to ensure some form of medical and (wage) disability coverage for people in car accidents. It generally pays 80 percent of medical bills and 60 percent of lost wages up to $10,000. It is no fault coverage and your PIP pays your medical bills and wages, REGARDLESS of who is at fault. Thus, no matter whether you are at fault or another car is at fault or fault is not clear, YOUR OWN pip is primary (comes first) for your medical bills and wages, EVEN if you have health insurance. You can purchase additional PIP coverage, although this is rare (additional PIP would generally pay, but of course it would depend on the wording of the insurance policy, BOTH medical bills and wages). More commonly, there is coverage known as “medical payment coverage” which only pays additional medical bills. So medical payment coverage will pay the other 20 percent of the medical bills and any additional medical bills at 100 percent, for bills that go over and above the $10,000 of the standard PIP coverage required by law.

Property damage coverage is coverage that pays to fix the other person’s car in an accident that you are AT FAULT. So this is a fault system in play with property damage coverage. The law requires Floridians to have $10,000 of property damage coverage. Essentially, this coverage indemnifies you (pays for) against any judgment entered against you for a car accident where you were at fault and caused property damage. This coverage generally also pays for defense costs (the hiring of a lawyer for such suit and other court costs).

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I Was in A Car Accident in Floirda; Should I Take Pictures of My Bruises from The Accident? how Will This Make My Case Stronger?

As I have written about on prior blog posts, there are three primary elements of an injury case: liability (fault), damages, and causation. In a car accident, oftentimes the fault is clear, meaning that one car has acknowledged fault or the facts make that fact clear. In those cases, the primary issues focus on the injuries (damages) and the causation element (causation: did this accident cause the injury). It is hard for people to imagine but insurance companies (less difficult to see) and juries can be skeptical about whether certain injuries were caused in an accident. Thus, all proof that is available will be helping in proving the injury. If a doctor reports bruising on a knee and later there is some internal derangement, necessitating surgery, then that reporting of the bruise will be helpful to the jury in finding that the knee injury was caused from the accident. Of course, if one were able to show the jury a picture of that bruise, it likely would be all the more helpful to the case. Thus, taking pictures of bruises, cuts or anything that shows the jury the nature of the accident can be helpful in proving a case and is very important.

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What Are My Rights Following a Accident in Florida Where as A Result of The Accident, I Was Injured?

People who are injured in have many rights. First of all, you are entitled to hire a lawyer to represent you. If there is a person or a company that is the legal cause of the accident, you have a right to damages under our civil justice system. As we have spoken about in other blogs, injury cases have three primary elements: liability (fault), damages and causation. If the person you are suing is liable and the injuries you sustain are caused in the accident, then you are entitled to damages. Damages, under Florida law, generally are medical bills, lost wages (or lost earning capacity), and what is generally termed “pain and suffering.” There are time limitations on bringing suits in Florida and depending upon the claim these periods vary. There are many rights that one has following an accident and it is important to seek legal advise on how to proceed. At Drucker Law Offices, I can help you if you are the victim of an accident.

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What Is an Examination Under Oath (euo) in A Car Accident in Florida? Am I Required to Go to It?

Generally an examination under oath (EUO) is a sworn statement that is taken without pending litigation. It is oftentimes requested by an automobile insurance company following an accident. Generally, an insurance policy is going to required its “insured” to give an EUO at its request. The issue thus becomes who is an insured. Certainly it is anyone who is listed as an insured under the policy. Further, it is anyone seeking “first party” benefits from the policy. So in an automobile accident, if you are the insured seeking personal injury protection (PIP), medical payment coverage, uninsured motorist (UM) coverage, then you very likely are required to give the insurance company a statement or EUO, whether you are listed on the policy or are seeking benefits as an omnibus insured. Similarly, if you are a passenger in someone else’s car and are seeking UM coverage, then you too are very likely, via the terms of the insurance policy and Florida law, required to give the insurance company a statement or EUO. By comparison, if you are seeking what is called “third party” benefits, like if another car causes an accident and you are making a claim against the other driver, then in general you are not required to give that insurance company a statement or EUO in Florida. It can be confusing and clearly cases by case it is important to only give statements and EUOs to insurance companies who are entitled to such. It is recommended prior to giving a statement or EUO that you contact a Florida lawyer for information as to whether you are required to give a statement or EUO after a car accident.

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I Was on A Cruise Ship and Slipped/fell on Food that Was on The Floor in The Formal Dinning Room. I Did Not See the Food Due to The Wild Pattern on The Carpet. when I Return Home, Would I Have a Case?

If a cruise ship is negligent and the legal cause of someone’s injuries, there may be a case by the injured person against the cruise ship. Cases are decided on a case by case basis and while the cruise ship has an obligation of acting reasonably, it does not mean that every injury on a ship is their fault. In the case referenced above, there may be negligence on the cruise ship and the injured person may be entitled to compensation. There are many aspect of a cruise ship cases that are complicated and many cruise tickets have limitations on the time to sue (often 1 year) and the place where you can sue (often in Miami, Florida where many of the cruise companies are located), so it is important to consult with an attorney as soon as possible so as to protect your rights.

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I Fell at The Mall and Was Injured in Florida Because There Was a Leak in The Ceiling and It Was Raining the Day I Was at The Mall; Is that A Case?

Generally, the owner of a mall is responsible to maintain it roof and ceiling and thus if there is a leak, they would have a duty to warn the invitees of the mall of the dangerous hazard that the leak would cause. So, in general, this sort of fact patter is a case. These sort of cases would also generally have an issue of comparative fault, as the mall would be expected to argue that the injured person should have seen the leak and the water created and that if they had paid greater attention, they could have avoided the fall.

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Rules of The Road: Who Is at Fault when An Accident Happens as One Car Is Making a U-Turn in Florida?

There generally is no hard and fast rule of who is at fault when an accident happens as one car is making a u-turn. The rule of the road, pasted below, basically states that a u-turn should not be made without interfering with other traffic and also should not violate any control signs. Commonly, if an accident happens while someone is making a u-turn, then that car is citing at fault and the below statute is mentioned but of course in these fact patters it would depend on the other facts. Was the other car speeding? Why didn’t the other car slow down and avoid the accident? The primary issue is that as to “right of way” which is an important factor in traffic crash fault, the car making the u-turn often has to yield the right of way to certain other cars and if they do not do that, they likely will bear some or possibly even most or all of the fault. This is very fact specific and every case will be decided on all of the facts presented in court.

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I Was in A Car Accident in Florida and Tore My Meniscus and Acl when My Knees Crashed Into the Dashboard; Is that A Case?

Yes, this could be a case, IF the other car (or person if you are suing the driver of the car you were in, for example) is at fault. In order to have a case in a car accident, you must have liability (the other car at fault or if you are passenger and the car you are in is at fault), damages (injuries documented by medical reports; note: in Florida, a permanent injury (or other enumerated injuries: death, significant scarring, permanent disfigurement, and so forth) is generally required to be entitled to pain and suffering) and causation (that the injuries claimed are caused by the subject accident). If a jury were to find that the person you are suing caused the accident and that you sustained injuries as a result, then you would be entitled to damages per Florida law.

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How Long Do I Have to Resolve My Personal Injury Case (for Car Accidents, Slip and Falls and Wrongful Death) in Florida?

In Florida, like most states, there are statutes of limitations pertaining to accident cases. Generally, in Florida, negligence cases involving car accidents and slip and falls have a 4 year statute of limitations per Florida Statute 95.11(3)(a). A copy of the full statute of limitation statute in effect as of the writing of this blog entry is pasted below. If the personal injury claim involves wrongful death, however, then generally there is a 2 year statute of limitation per Florida Statute 95.11(4)(d). There are other statute of limitation involving medical malpractice/negligence, product liability, workers’ compensation, assisted living/nursing home cases, false arrest, asbestos, intentional torts, and so forth that are not covered in this blog entry.

It is important to note that figuring out the statute of limitation is case specific and you should not rely on the information above. If you have been involved in an accident in Florida, you should consult a licensed Florida attorney to advise of what the applicable statute of limitations is for a case. Please understand that if a lawsuit is not filed within the appropriate statute of limitations in Florida, then the case is barred forever, regardless of the merits of such claim!

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How Long Does an Insurance Company Have to Pay a Personal Injury Settlement in Florida?

Per Florida Statute 627.4265, a copy of which is pasted below, an insurance company has 20 days to pay a personal injury settlement. The payment may be conditioned on the signing of a release, which is commonly what insurance companies do (meaning: a condition of most personal injury settlements is the signing of a release). It is also important to note that this statute applies to all injury settlement that are IN WRITING. The good news is that if you resolve the case IN WRITING and sign their release, then the insurance company has 20 days to pay the settlement amount AND if they do not, then they will owe you interest. The interest is no insubstantial as it is at 12 percent per year and as of the day of this blog entry that is a very high interest amount. Thus, the penalty for the insurance company not timely making payment is substantial. So generally speaking if a case is settled in writing the insurance company generally has 20 days per this statute to pay the settlement; otherwise, it will owe high interest on the settlement amount.

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Rear End Collisions in Florida: Is the Car in The Back Always at Fault?

There is a presumption in Florida that in a rear end collision that the car in the back is at fault. The normal fact patter is that a car is stopped at a light or at a stop sign and the car in back is not paying attention and accidentally hits the car in front. In this scenario, the fault is generally on the car in back. However, the legal presumption is rebuttable and thus while there is a legal presumption on fault, there can still be evidence that the car in front is at fault. For example, if the car in front comes to a “sudden stop” then a jury may consider that as evidence to apportion fault against the car in front. Clearly, if the car in front would back the car into the car in the back, then arguable all the fault would be against the car in front, despite the legal presumption if those were the facts found by the fact finder. In other situation, like where someone’s brake lights are not working, then perhaps that could be considered as part of the fault in an accident depending on how the jury heard the evidence of the case. In sum, generally the car in the back is at fault in a rear end collision but there can be evidence to establish some or possibly even full liability against the car in front.

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In Florida, Is It a Good Idea to Just Exchange Phone Numbers or Insurance Information in A Car Accident?

Generally, it is NOT a good idea to just exchange phone numbers and/or insurance information following a car accident in Florida, particularly if you are not at fault. People who cause accidents sometimes request that the person in the other car just take their name and number and/or insurance information and assure them that they will fix the car. Thereafter, they refuse to fix the car or they have given you the wrong phone number. They are in a hurry (which possibly caused the accident to begin with) and they pressure you to just take their number. The problem is that without having the police report to document things – like the damages to the car, where the cars are located and who is at fault – it may be hard later to identify the other driver or his or her insurance and ultimately to get your car fixed through their insurance. Plus, if you are injured, then not having a police report could impact your injury case. In sum, it is recommended that the police called to document the accident, take witness information and so forth when you are involved in an accident.

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Can I Pursue an Injury Claim in Florida if My Accident Was Several Months Ago and I Have Not Been to A Doctor Yet, Even Though I Have Had Pain Since the Accident?

In an accident, the injured person must prove that the accident caused the injury, i.e. causation. By delaying treatment, this opens the defense to argue that this injury did not cause this accident. Thus, generally, it is recommended that if you are injured after an accident to see a physician as soon as possible and also to consult an attorney so that you can be advised of what your rights are for the particular accident.

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Do I Have to Repay My Health Insurance Company (or Medicare or Medicaid) from My Personal Injury Settlement in Florida for The Monies They Paid for Some of My Medical Treatment when I Slipped and Fell?

Generally, health insurance companies that pay medical bills following an accident are entitled to reimbursement following an accident. This is generally due to language in the insurance policy and/or state or federal laws. This is called subrogation. The basic concept is that when you are making a claim for injuries against another person or against a corporation, you must seek to get your bills reimbursed, even if they were paid by a health insurance company, medicaid or medicare. You cannot simply seek monies for your pain and suffering or lost wages. You must also seek to collect for the medical bills that were paid by the health insurance company or medicare or medicaid. Thus, some of an injury settlement represents those bills paid by health insurance and thus the law requires injury plaintiffs to repay the health insurance what they paid. Based on certain laws and/or the insurance policy, there may be ways to get that amount reduced and part of what Drucker Law Offices does in representing injury plaintiffs is to attempt to get these health liens reduced but it is important to know that generally health insurance companies (if they have the proper language in their policy and/or based on state or federal laws) are entitled to be reimbursed in subrogation for the monies they lay out for treatment that is RELATED to an injury case.

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Why Are Taking Pictures of The Cuts, Bruises or Scars on My Body Important Following a Car Accident or Other Injury Case in Florida?

Generally, pictures are very important in a court case. Obviously, pictures are going to document something in a case and scars and lacerations are things that may disappear but also may lessen and it is important that a jury have an idea of what these cuts or scars looked like at the beginning of a case. As the saying goes: a picture says a thousand words. If you are trying to prove an injury to a certain body part and there were bruises on that area shortly after the accident, it would be helpful for a jury to see a picture of those bruises as then it would make them much more likely to believe that the injury case caused by the accident. In any case when you are trying to prove injuries, things like cuts, bruises and scars are going to help the fact finder conclude that the injuries are related to the accident. These are some of the reasons that it is important to take pictures of scars and bruises on your body following an accident in Florida.

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Do I Need to Have a Police Report Before I Meet with A Lawyer for A Car Accident in Florida?

Generally, you do not need a police report in order to meet with a lawyer to get advise regarding your rights or to hire the lawyer. At some point, the lawyer will need the police report to determine who is at fault and to determine the insurance for the other vehicle or vehicles. Some people seem to think that before seeing the lawyer they want to have a police report to show the lawyer but oftentimes the delay in doing that may ultimately impact the case, particularly if a person is not going to start treatment until they see a lawyer. Thus, it is common for people to come to this law firm without police reports and then after they hire us as their lawyer, we obtain the police report.

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How Do You Get Lost Wages for A Negligence (that Is Not a Car Accident) Case Like a Slip and Fall or Trip and Fall in Florida?

Generally, if you are injured on someone’s property, AND they are negligent, you may be entitled to lost wages. Generally, a form of damages available to injured persons in negligence cases like slip and fall cases or trip and fall case (or any negligence case where someone is negligent and this causes you injuries) is for lost wages. In the simplest and most common example is when someone is injured and is unable to work due to hospitalization or due to pain from the accident. In such a situation, proof that the time missed was due to the accident plus some proof of what the amount of the lost wages will be required to prove the lost wage claim. Generally, the insurance carried by property owners does not carry a separate policy to cover wages and the insurance policy generally is an indemnity policy which will pay for a judgement; thus, there usually is not a means to recover your wages straight from the alleged tortfeasor prior to a settlement or jury verdict. Note that it is also possible to receive lost wages from your employer if you have sick time accrued. Also, it is possible to receive lost wages if you have a short or long term disability policy, either if purchased through work or outside of work on your own.

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How Do You Get Money for Your Lost Wages in A Car Accident in Florida?

Generally, Florida personal injury protection (PIP) insurance pays 80 percent of medical bills and 60 percent of lost wages, up to a total of $10,000 for both combined. Generally to get your wages through your own car PIP insurance, you must supply the insurance company with a “wage verification form” plus a “disability note” from your treating physician. The wage verification form is a form filled out by your employer that explains how long you have worked there, explains you rate of pay and explains the days your missed from work due to the accident. The “disability note” is either a form but more commonly is a note from your treating doctor that basically explains that you missed work days due to the the accident. Once these two documents are sent to the PIP carrier, then then are paid in line, first come first serve. Thus, if this is submitted very early and the injured person has a PIP deductible, then it may be applied to the deductible. If it is submitted late or if the injured person has large hospital bills, then the wage claim may come after PIP benefits are exhausted.

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Comparative Fault in Florida – You Mean I Can Also Be Found at Fault in A Car Accident or Fall Case in Florida?

Yes, in Florida law, a jury can also find the person who is suing to be partly at fault in a fall accident or car accident and this is called comparative fault. Generally, the first issue for a jury in an injury case is to determine if the defendant (the person who is being sued) is at fault. If the answer is yes and if the defendant has raised a defense of comparative fault, then the second question is whether the plaintiff (the person suing) is also at fault. If no, then the defendant is presumed to be 100 percent at fault. If yes, then the jury must apportion fault between the plaintiff and defendant. This would be done by assigning percentages to each – like 50 percent and 50 percent or 70 percent and 30 percent, etc. If a jury awards total damages for plaintiff of $100,000 and assigns plaintiff 50 percent comparative fault, then instead of recovering all of the damages of $100,000, plaintiff instead only recovers $50,000.

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If My Car Lowers in Value Because of An Accident, Am I Entitled to That Money Under Florida Law? in Other Words, Am I Entitled to The Inherent Diminished Value (diminution of Value) for My Car in A Car Accident in Florida?

If you are at fault in the accident or if for some reason (like if the person that caused the accident does not have insurance or does not have enough insurance to fix your car), then your claim for damage to the car would be against your own collision coverage. Whether you would have a diminished value claim against your own insurance would be based on the policy language but most likely the policy language will NOT allow such a claim, generally in Florida. See Siegle vs. Progressive Consumer’s Insurance Company, 819 So.2d 732 (Florida 2002). If your claim is against the other car that caused the accident, then Florida law will generally allow such a claim and you may be able to recover such damages.

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I Was in The Car in Florida with My Cousin and He Caused an Accident and I Was Injured; Can I Make a Claim Against His Insurance without Suing Him and Taking Money Directly from My Cousin/relative?

Generally, someone can sue their relative. There is not a lot preventing you from suing your cousin, for example, on the sole basis of the family relationship. Assuming the relative has insurance for injuries, then generally that insurance will pay the relative for their injuries. One exception is that some auto insurance policies contain a provision which states that the bodily injury coverage does not apply to “resident relative.” Thus, if you live with the relative, then you can sue your relative (and you would ultimately have to collect money directly from the relative; it is unlikely that one relative would want to take money from another relative) but may not be able to make a claim against his insurance. Less common but the policy may exclude claims against any “relative” and if that is the case, then the bodily injury coverage would not apply if you are related but do not even live together. The policy must be read to see how it is worded, to determine whether an insurance claim is possible.

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Who Fixes Your Car in A Car Accident in Florida?

Second, if there is an issues of fault or if you are at fault or if the other person does not have enough insurance to fix your car, and if you have collision coverage under your policy, then you can get your car fixed through your own collision coverage. Collision coverage generally is insurance that will fix your own car, no matter who is at fault, so long as it is damaged in a car collision. There is generally a deductible with collision coverage – $250, $500, or $1,000 usually. This insurance will fix your own car when you are at fault, when there is an issue of fault between the drivers or when you are not at fault but the other person does not have insurance or enough insurance. Rental coverage is not included within collision coverage generally and must be purchased separately.

Lastly, if you were in an accident and were at fault and you do not have collision coverage, then there generally will not any coverage to fix your car and you will have to fix it yourself.

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Bodily Injury Coverage in Car Insurance – What Does This Mean in Florida?

Generally, bodily injury coverage is insurance coverage that indemnifies the insured against a judgment for bodily injury. Said another way and in the car insurance context, bodily injury coverage protects the person who purchases it by paying someone else for the injuries sustained in a car accident caused by the person that purchased the coverage. When you purchase car insurance with bodily injury coverage, you are protecting yourself in that if someone makes a claim against you or sues you for an accident during the policy period, then your bodily injury coverage pays the other side for their injuries (up to your coverage limits) and also pays any defense costs associated with such case (in other words, the insurance company hires a lawyer to defend you in court if the case cannot be resolved amicably). From the perspective of someone who is injured in an accident, they would want to see the bodily injury coverage of the car that was at fault in the accident. That policy protects the at-fault driver from suit by paying the injured person for their injuries. Obviously, when you are in an accident, you do not have control over what insurance the other car purchased. This is where it is important to have uninsured also known as underinsured motorist coverage, which can protect you. Uninsured or underinsured motorist coverage are discussed in other blog entries on this site.

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In Florida, Do I Need a Police Report Before I See a Doctor Following a Car Accident?

There is no requirement, in Florida, that you need a police report in order to see a doctor following a car accident. It is possible that a doctor office would want to see the police report first or to get your automobile insurance PIP (personal injury protection) claim number, before setting up an appointment. In a case where you are making a claim against the other driver who is at fault, in addition to proving liability or fault, you also must prove damages (medical bills, pain and suffering, etc.) and causation (that the accident caused the injury). In terms of causation, it must be shown that the damages claimed were caused from the accident and therefore it is NOT a good idea to delay getting to a doctor. Many clients tell me that they waited for the full police report before going to the doctor but sometimes it takes 5 or more business days for the full police report to be ready and then the client suffers in pain while waiting for the police report and also make their injury case more difficult, as it begs the question of why they waited a week to go to their physician. Thus, if you have been in an accident, are injured and want to see a physician, it is NOT required that you obtain the police report before seeing a doctor.

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I Injured My Neck in A Car Accident and Have Been Treating with A Chiropractor; how Much Is a Case Like that Worth?

First of all, to have an automobile injury case in Florida, you must prove liability, causation and damages. There is no reference to liability, so for purposes of this answer, it will be assumed that there is another car that is at fault. It is very difficult to know the value of an injury case, especially when there are so few facts established. For example, how much damage is there to the cars? What exactly is the injury to the person’s neck? What did the MRI report say? Was there prior neck injury or a prior MRI report of the neck? How much bodily insurance does the other car have? Does the client have uninsured/underinsured motorist coverage? Did the client go to the hospital? When was the first visit to the doctor? As you can see, there are a lot of factor that go into the value of a case and these questions are just some of them.

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I Fell in A Grocery Store (publix, Winn Dixie, Albertson’s, Whole Foods, Trader Joe’s, Aldi’s, Etc.) in Florida, Was Injured and The Store Has Video of The Fall; an Employee Was Moving a Mop Bucket and Water Fell out Of the Bucket and I Fell in That Water; Is that A Case?

As we have spoke about on prior blogs, solely because you fall in a store does not mean that you win your personal injury case in Florida as you must prove the place where you are suing was the legal cause of the accident. In the facts presented above, if there is video of an employe moving a mop bucket in such a way that the water splashes on the ground and that is the water that you fell in, then that would be a pretty solid case of negligence against the store in general. Of course, a jury would ultimately decide the outcome of such a case. Another issue though would also be comparative fault. It would be expected in litigation for the store to raise the question that had the injured person looked where they were going, then the fall never would have happened and attempt to have the jury assign some percentage of fault against the injured person. But in general the video described does describe “a case” and if the person was injured they may be entitled to compensation for their injuries.

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Am I Entitled to Money for Scars on My Body After a Fall that Was Not My Fault in Florida?

The first thing to note is that just because a fall is not the injured person’s fault does not mean it has to be someone else’s fault. To win a case, the injured person must prove that the accident is the fault of the person or entity that they are suing. If the fault is against the place they are suing, then the injured person is entitled to damages. Damages would include medical bills past and future, lost wages past and future and pain and suffering, etc. Damages would also include some form of compensation to scars on your body as a result of a fall. So, yes an injured person is generally entitled to compensation for scars caused by a fall that is someone else’s fault.

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I Have Car Insurance in Florida and Was Injured in An Accident Last Week and Now My Policy Is Renewing, Can I Switch Insurance Companies?

In general, Florida automobile insurance policies that are in effect on the date of an accident continue to apply to that particular accident, regardless of whether the insurance cancels or the insured switches to another insurance company thereafter. Thus, in general, someone does not have to worry about switching car insurance in Florida. It is advisable to read your insurance policy to make sure this is the case and to ask your insurance agent to make sure your policy works this way. Also, you can bring your policy to a lawyer to determine the effect of switching an insurance company but in general automobile insurance policies work such that as long as they are in effect at the time of the loss they will provide benefits, even if cancelled thereafter.

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Uninsured or Underinsured Motorist Coverage in Florida – What if The Other Car Had Insurance, but Not Enough to Pay for My Injuries and Medical Bills? Is that A Case?

One way to get additional money for compensation on top of the insurance monies for the other driver who does not have enough insurance following a car accident is by making an UNDERinsured motorist claim. Underinsured motorist coverage in Florida pays you money when the at fault driver does not have enough insurance to pay for your injuries. Generally, you own uninsured/underinsured motorist coverage applies to you when you are in your own car or an other car, plus if there is uninsured/underinsured motorist coverage in the car that you were driving or a passenger in, then that insurance generally will apply to you as well, in Florida. It is advisable to get this sort of coverage in your car, if you can afford it and to have the highest possible limits that you can afford, as there are many drivers in Florida that do not carry bodily injury coverage (then your uninsured motorist coverage protects you) or that do not carry enough bodily injury coverage (then your underinsured motorist coverage will protect you). You may always have a claim against the person that does not have any insurance or that does not have enough insurance, but in most instances if someone does not have any insurance or even enough insurance, it may not be worth it from a cost benefit perspective to make a claim against them (but of course this would be on a case by case basis and certain things like asset searches and so forth would let us know generally whether the at fault person is worth making a personal claim against, over and above their insurance).

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I Was in An Accident in Florida that Was Not My Fault and I Have Cuts and Bruises on My Body; Should I Take Pictures of My Cuts?

Generally, it is a good idea to get pictures of any cuts and bruises on your body after an accident. It is hard for people to imagine but insurance companies are skeptical of many injury cases as can juries be skeptical of accidents, particularly if the collision does not show a lot of damage to the vehicles in a car accident, for example. Thus, pictures showing bruising or small cuts that were caused by an accident can be very persuasive to an insurance company and/or to the jury to document an injury, even if those bruises go away after a few days or a week. Generally, if someone goes to the hospital or to a doctor those bruises or cuts will be documented in the medical reports but pictures can help this situation as well. So yes, it is a very good idea to take pictures of the cuts and bruises on your body after an accident in Florida.

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Do I Need to Get an “incident Report” from The Business Establishment (supermarket, Mall, Retail Store)who Pays My Lost Wages when I Fall at A Business Establishment (or Mall or Supermarket or Grocery Store or Retail Store)(publix, Winn Dixie, Albertson’s, Whole Foods, Trader Joe’s, Aldi’s, Sedanos, Presidente, Fresh Market, Costco, Doris Market, Bj’s, Sam’s Club), Etc.) in Florida? in Florida Where I Fell and Was Injured?

Generally, it is advisable that when you have fallen in a business and you believe the business was at fault that you report the fall and be sure they know what happened and that they write some form of incident report. Obviously, if you fall somewhere and the business is closed, then this cannot be done at the time that you fall but assuming the business is open, you should report the accident and explain to them what happened, so that no one else is injured in the same way and also so that they can have some ability to understand how you fell. Legally, there is no requirement that an incident report be written or that the police be called, for example. Further, it can be problematic if you fall somewhere, do not report it and then the business has no idea that someone fell or what caused them to fall. Most businesses, particularly large retailers, have protocol for when someone falls a report is written and sometimes pictures are taken of the area so everything is documented. Also, in instances where the person that is injured is taken by ambulance there is not an opportunity by the injured person to insist that a incident report be written up, but in those instances the fact that you were injured at the property is already documented by the paramedics. In sum, there is no legal requirement to get an incident report from the place where you fell but it is a good idea to report the injury as soon as is practicable.

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Uninsured or Underinsured Motorist Coverage in Florida – What if The Other Car Had Insurance but No Bodily Injury Coverage? Is that A Case?

Generally, if the other car (and/or other driver) has insurance but no bodily injury coverage, then there are two options in terms of recovering money in a case: 1) you can sue the owner/driver of the at fault car personally but oftentimes this is not a practical option as many people with such small coverage do not have assets or income to be worth suing or if you obtained a judgment against them, then they may be able to file for bankruptcy, for example (the sum of the situation is that they are what is called “judgment proof”) or 2) if you have uninsured motorist coverage, then you can make a claim against your own insurance policy for your injuries.

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Am I Entitled to Monies for Scarring on My Body Following a Car Accident in Florida that Was Not My Fault?

In a car accident in Florida, generally there are certain proof requirements that must be made. Section 627.737, which is below, explains that to be entitled to pain and suffering, you must prove one of four injuries stemmed from an accident: 1) significant and permanent lost of an important bodily function; 2) permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement; 3) significant and permanent scarring or disfigurement; or 4) death. As to the question above, you may be entitled to monies for pain and suffering following an accident that was not your fault, if the scarring is permanent and significant. That fact, if a settlement could not be agreed upon, would be decided by a Florida jury. Granted, if someone has a scar on their body from a car accident, they may very well have other injury which may be permanent within a reasonable degree of medical probability, which is the most common means sought to obtain non-economic damages like pain and suffering, mental anguish and so forth. However, if the sole issue is a scarring on the body, then the issue would be whether the scar was permanent AND significant.

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I Fell at The Supermarket in Florida (publix, Winn Dixie, Albertson’s, Whole Foods, Trader Joe’s, Aldi’s, Sedanos, Presidente, Fresh Market, Costco, Doris Market, Bj’s, Sam’s Club) and Was Injured Because the Butcher Was Stocking the Shelves and Some of The Meat Juice Was on The Floor; Is that A Case?

In Florida, generally, solely because you fall in a business establishment, like a supermarket, does not mean automatically that the business establishment owes you money – for your medical bills, lost wages or pain and suffering. Negligence must be proved against the premises owner or occupier. These sorts of injuries are under premises liability laws. When there is a hazardous condition, it must be proved that the business created the hazard, knew about the hazard or should have known about the hazard (constructive notice; and there are specific statutes now dealing with “transitory” substance hazardous conditions; see previous blog entries regarding same). In this fact pattern, the supermarket created the hazard as the butcher was obviously negligent in stocking the shelves and letting meat juice on the floor. Thus, generally, under Florida law, this sort of fact pattern seems to be a case. The supermarket very well may argue that the injured person should have seen the meat juice on the floor and thus is partially at fault (comparative negligence as discussed on previous blogs). And of course damages like medical bills, lost wages and pain and suffering would need to be proven, in addition to proving that the damages sought are causally related to the particularly accident, or in this case the fall in the meat juice.

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The Police Report Is in My Favor but Now the Other Driver Is Telling His Insurance Company that I Am at Fault; Does the Police Report Mean that I Automatically Win the Case?

Police reports are extremely helpful in determining who is at fault in an accident. However, unless the policeman witnesses the accident, there is limited information that he or she can testify to. That is because of the “accident report privilege” which is part of 316.66, Florida Statutes. The lawmakers wanted to encourage people to explain accurately how an accident happened, so that this information could be used to make intersections safe and so forth. Thus, generally the police report is inadmissible in a civil case and the information that you told the police is also generally inadmissible. Thus, the policeman’s conclusion that one car is at fault is not admissible generally and the jury in a civil case will be limited to the testimony of the people involved in the accident, plus witness testimony and of course any physical evidence. In some cases, which could arguably go one way or the other, if the policeman sides with one car over the other, this information likely will not be able to be used in court if the policeman did not see the accident. Generally, when a police report is in your favor, this is a good thing and much more often then not the result in the police report will be agreed to by the insurance companies. However, there are some cases, which are close calls, where there can be disagreement on the police report or where the policeman for one reason or another missed something in a case.

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I Fell Because There Was a Broken Cranberry Juice on The Floor at The Supermarket (publix, Winn Dixie, Albertson’s, Whole Foods, Trader Joe’s, Aldi’s, Sedanos, Presidente, Fresh Market, Costco, Doris Market, Bj’s, Sam’s Club) and I Slipped and Fell in It; Is that A Case?

There are many issues in this particular scenario. The first issue is: who broke the cranberry juice? If a supermarket employee did it, then that would make for a pretty straightforward liability case against the supermarket. If a customer did it, then a big issue would be how long it had been there for, under recent statutes here in Florida. If the spill had been there for an unreasonable amount of time, then liability may be established against the supermarket; but on the other hand, if the spill had been there for a short period of time, then there may not be liability against the market. We post the Florida statute dealing with transitory substances below. If a jury were to find fault on the part of the market, it would be expected that the market would make a comparative negligence argument. In a case like this, the market would likely argue that the customer should have seen the juice and in this case as it would be red juice, that very well may be a strong argument. To the extent that a jury would find fault, any damages would be reduced by the percentage of fault found against the customer.

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I Was in A Car Accident and Had Lower Back Surgery; Is that A Case? How Much Is a Case Like that Worth?

As we have discussed, there are three elements of an injury case: liablity, damages and causation. Here the question involved only discusses damages. Clearly, back surgery is going to involve significant medical bills, pain and suffering, potential lost time from work and so forth. However, to win the case, we must also prove that the other car is at fault and that the back surgery was caused by the accident. For purposes of the question, it will be assumed the other car is at fault. Still, the issue may arise as to whether the back surgery was necessitated by the accident. If it was a significant crash and the person was rushed to the hospital and back surgery immediately performed, then there will be less of an issue or no issue of causation. If the injury is of the type that may have been caused by a trauma or may have been caused by life activity coupled with the surgery being performed months after the accident, then the defense may raise the issue of causation. Granted, causation may also be proven by suggested an aggravation of a pre-existing injury that necessitated the surgery.

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Why Is Taking Pictures of Scars, Contusions and Bruises Important Following a Car Accident or Fall?

As a personal injury attorney, my job is to believe my clients. If there is some proof that my client is not being forthright, I have to look at that evidence but in general I am here to believe and accept my client’s perspective in an accident. The defense lawyer and the insurance adjuster, on the other hand, are skeptical by nature about injury cases and accident victims. They are trying to disprove some element of an injury case to best serve their client/insured.

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I Was Driving Through an Intersection and Another Car Failed to Stop at The Stop Sign, Causing the Accident, and Now I Feel Neck and Lower Back Pain; Is that A Case?

As we have discussed, there are three main elements of a car accident case in Florida. First, we have to prove fault; then damages; then causation. All three basic elements must be proven. Here, the liability appears to be against the other vehicle, as it failed to stop at the stop sign, causing the accident. The person has pain in the neck and back, which would likely be some form of damages. There will need to be some proof of causation, i.e. that the accident caused the neck and back pain to support the case. Further, under Florida law, in such cases, a showing of “permanent injury within a reasonable degree of medical probability” must also be shown to be entitled to non-economic damages like pain and suffering. We call this the “permanent injury threshold.” Thus, for this to be a case there generally must be finding, in Florida, that the injured person sustained a permanent injury to be entitled to those damages.

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I Fell at A Store Because of A Leak in The Ceiling that Dripped when It Rained and Tore My Acl; Is that A Case; how Much Is a Case Like that Worth?

In a premises liability case, negligence must be proven against the land owner or occupier. In the facts here, if there is a leaky ceiling dripping from the rain, this would be pretty strong liability against the land owner or occupier. Turning to the next two elements of a claim, damages and causation, if the ACL or anterior cruciate ligament in the knee is fully torn, this commonly can require surgery, although if it is partially torn, then it may not require surgery. In either scenario, an injury like this would generally involve pain and if surgery involved, the medical bills could be substantial. The element of causation would need to be proven but if the person has no history of knee problems and if the knee was in fact torn in the fall, then the causation element of the case would be proven. Thus, in the opinion of the blog author the facts presented here would likely be a case, although again this is fact specific and no information on a defense is presented in the facts.

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I Was in A Car Accident and Believe the Other Person Is at Fault; the Other Person Says I Am at Fault; Does Fault Matter? I Thought Florida Was a No Fault State, so What Does No-Fault Insurance Mean?

The concept of no-fault insurance was really intended to be sure that following an accident in Florida, that there is some insurance to pay medical bills and lost wages. Thus, all car owners in Florida are required to have, at a minimum, PIP/NO-fault coverage (note: also you are required to have $10,000 of property damage coverage to fix the other person’s car if you are at fault). PIP stands for personal injury protection and essentially means that your own insurance will pay your medical bills (80 percent to $10,000) and wages (60 percent up to the same $10,000), REGARDLESS of fault. Thus, the no-fault part of Florida car insurance laws basically states you are are self insured for most car accidents, FOR MEDICAL BILLS AND LOST WAGES. Again, it only pays 80 percent of medical bills and 60 percent of wages and generally caps at $10,000. In terms of the 20 percent of unpaid medical bills, the 40 percent of lost wages and any medical bills or wages that goes over and above the $10,000 cap, Florida is on a fault system. In other words, if someone else is at fault, you can sue them for those unpaid medical bills and wages and pain and suffering is certain proof is made. In terms of damages to the car, again we are on a FAULT system. The other person’s insurance will pay to fix your car or total it out, if they determine their insured to be at fault. If you are determined to be at fault AND if you have collision coverage, then your own insurance will fix or total your car out (minus your deductible). Otherwise, if you are at fault and do not have collision coverage, then you will be responsible to fix your own car.

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I Was Walking on The Boardwalk Near the Beach on A Hotel Property and A Piece of The Wood from The Boardwalk Gave Way, Resulting in An Significant Knee Injury when I Abruptly Fell to The Ground on My Knee; Can I Make a Claim?

They key issue in a case like this, generally, is why the piece of wood gave way. If it gave way for lack of maintenance, then liability likely would be with the owner of the boardwalk. If for example, someone was jumping on the boardwalk, for fun by example, then the negligence would likely be for the injured person that jumped on the boardwalk. In general, a piece of wood that gives way would suggest some form of negligence, assuming the person was merely walking over the boardwalk, so this would appear to be a case. Of course, even if a jury would find that the hotel was negligent for maintaining the boardwalk, the person that fell would still have to prove damages (medical bills, pain and suffering, lost wages and so forth) as well as causation, that the damages stem from the fall.

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Rules of The Road: I Approached a Light that Was Inoperable; I Stopped and Then Began to Proceed Through the Intersection; Another Car Did Not Stop at The Light and Hit Me on The Side of My Car, Causing Injuries; Who Is at Fault when There Is an Accident Where the Traffic Light Was Inoperative?

The Florida law, the most recent statute is set forth below, as it pertains to inoperative lights states that the cars must stop like there is a stop sign. Thus, if an accident is caused because someone did not stop at an inoperative light, then that car violated the rules of the road and likely will be issued a citation and also cited as the cause of the accident. Every accident of course if fact specific and it as we have discussed more than one car could be at fault in an accident. So if two car going perpendicular both violate this rule of the road by both not stopping at the light, then arguably both cars would be at fault for the accident. The key rule here is that you must stop and an inoperative stop light as though it was a stop sign. In the facts mentioned here, one car stopped and then proceeded while the other car did not stop. In this situation, most if not all of the fault would likely be attributed to the car that did not stop at the inoperative light but these are very fact specific cases.

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Should I Take Picture of The Hazardous Condition that Caused Me to Fall at The Business Establishment?

Usually, after someone slips and fall or trips and fall, the injured person is not able to take pictures of the hazardous condition that caused the fall (leaking ceiling, soda on floor, uneven sidewalk, etc.). However, to the extent that an injured person is able to take pictures, this may prove critical to proving the case. Even if you send a friend or family member back to the business establishment the same day or next day, this information may be helpful in proving a case. Thus, it is a great idea to get a picture of the hazardous condition that caused you to fall after you fall, if you have the wherewithal to do so. Otherwise, it certainly could not hurt to send a friend or family member back to the premises to take a picture of the condition later, although whether the pictures taken later will be admissible in court is not so clear.

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Can I Switch Car Insurance Companies After a Car Accident?

Generally, in Florida, automobile insurance policy are “occurrence” policies which means that as long as the incident takes place while the policy is in effect, then the insurance covers it. Thus, generally as long as your automobile insurance is in effect at the time of the accident, it covers you. This also means that by cancelling the insurance AFTER the accident, the insurance still will apply to the subject accident. Thus, you can generally cancel your car insurance after an accident or switch insurance companies without it impacting the accident but it certainly would be recommended that you read your policy to be sure you have an “occurrence” policy or to speak to your insurance agent about it.

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What Type of Doctor Should I See After I Fall at A Business Premises (supermarket, Strip Mall, Retail Mall)?

There is no simple answer to this question. First of all, there is no injury referenced in the question. The most common type of injury that we see in fall cases is neck or lower back injuries. We see clients go to chiropractors, orthopedic doctors, primary care doctors, neurologists, physiatrist (rehab doctor) and others. When someone has a knee or shoulder type of injury, the typical doctors would be an orthopedic surgeon or a primary care doctor (who would refer clients to specialists like orthopedic surgeons, in many examples). Other common injuries are headaches and post-concussion injuries. Here again people commonly see their primary care doctor who may refer them to a specialist and neuroligists who focus on brain and spinal injuries. Choosing a doctor is a very personal decision. When clients ask the law firm for help on this, I do my best to lead them in the right direction and much of the advise may depend on whether someone has health insurance or otherwise. Certainly taking advise from the hospital physician in terms of a referral or from your primary care physician is a good starting point in terms of deciding what type of doctor to see after you fall at a business.

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If I Am Injured Because I Trip on An Uneven Sidewalk, Is that A Case?

Yes, tripping on an uneven sidewalk curb MAY be a case but it MAY NOT be one also. There are many factors into whether a fall case is a case. As we have spoken about, solely because you fall on someone’s property does not automatically mean that you have a case or that they owe you anything for your injuries. You generally must prove they were at fault or negligent in order to have a case. You also must prove damages (medical bills, pain and suffering and so forth) and causation, that the damages are related to the accident.

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I Was in A Car Accident and My Head Violently Struck the Head Rest and Now I Have Post-Concussion Syndrome; Is that A Case?

Today’s last topic the accident lawyer from Boca Raton (injury lawyer Delray Beach, accident attorney Boynton Beach, injury attorney Jupiter, accident lawyer Coral Gables) deals with damages in a case. A common injury that happens in car accidents are “head” injuries.  These are where you are suffering from some sort of brain injury.  While some […]

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Am I Entitled to Money if I Fell on A Slippery Substance at The Supermarket (publix, Winn Dixie, Albertson’s, Whole Foods, Trader Joe’s, Aldi’s, Sedanos, Presidente, Fresh Market, Costco, Doris Market, Bj’s, Sam’s Club)) but I Was Not Injured?

As we have spoken about before, in order to have a case, you must show the person or entity that you are suing is at fault (liability), that you sustained injuries (damages) and that your injuries were caused from their fault (causation). You must prove all of these elements and if the defense disproves any ONE of them, then generally there cannot be a case. Here, if you fell but were NOT injured, you would generally not have damages (you may be entitled to something legally for the embarrassment but I believe that would likely be nominal in most instances). It would be an unfortunate incident but if no injuries, no medical treatment, and essentially nothing wrong with you, then there would be no damages and generally no case. Yes, in such an incident, the store very well may have been negligent and did something wrong but if no damages ensued, this would generally not be a case.

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Can My Personal Injury Lawyer Force Me to Settle My Accident Case?

Generally, an attorney cannot “force” his client to settle an accident case. Indeed, one of the statement of client’s rights, which is required to be signed by the client in a contingency fee contract here in Florida, it states: “You, the client, have the right to make the final decision regarding settlement of the case. Your lawyer must notify you of all offers of settlement before and after the trial. Offers during the trial must be immediately communicated and you should consult with your lawyer regarding whether to accept a settlement. However, you must make the final decision to accept or reject a settlement.”

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I Was in A Car Accident that Was the Other Car’s Fault and My Knees Crashed and Twisted up Against the Dashboard and Now I Need Acl Knee Surgery; how Much Is a Case Like that Worth?

A common injury in a car accident is a knee injury. A common way this injury happens is by the knees hitting the dashboard and also by some form of twisting action which impacts the knees. An ACL (anterior cruciate ligament) injury oftentimes requires surgery and has a lengthy rehabilitation process after and is considered major surgery. An ACL surgery could cost tens of thousands of dollars between physical therapy, surgery, hospital expenses, and anesthesiology. The value of such cases would depend on someones age, the cost of the surgery, the ultimate result from the surgery, the time missed from work (plus of course the amount of someone’s wages).

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Do I Need an “incident Report” from The Business Establishment (supermarket, Mall, Retail Store) Where I Fell and Was Injured Before I See a Lawyer?

When people are injured at a property, it is common that an “incident report” is written up. Some large business establishments will give the injured person a copy of that report or at least of the initial incident report, although usually this is some description that the store has asked the injured person to hand write up. The incident reports that are written up by stores that contain their internal “work product” is generally, under Florida law, considered to be work product and is something to which to they not have to give you and generally do not even have to give you or your lawyer in a court setting. To the extent these documents have information, like the names of witnesses, would have to be disclosed in court but generally the document itself is protected.

You certainly do not “need” an incident report when an accident happens. It would be prudent to talk to the store about what happened. Some people get injured, leave and then call a lawyer without every reporting the incident and those questions, while possibly viable, will be questioned based on why someone would leave after they were injured or questioned in terms of how serious the injury could be if someone left without reporting the incident. In some settings, like when someone is injured on a property after hours or at a property where there are no employees, like at a community pool or something to that effect, there is no one to report the incident to, but it is advisable to report the incident to the business establishment as soon as possible so they are aware of the incident and can fix the hazard that caused the fall.

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Why Are Pictures of The Vehicles Important in An Automobile or Car Accident?

As we have spoken about on other blog posts, in a car accident there is a “permanent injury” threshold; in other words, a jury must believe the injured person sustained a permanent injury within a reasonable degree of medical probability in order to award pain and suffering type of damages. The general school of thought is that if the car shows little or no damage to it that a jury is less likely to find “permanency” and thus not award pain and suffering. While this is just a theory and any jury can do what it wants based on the evidence presented, it is a theory that many people in the industry, particularly insurance companies, believe to be true.

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The Sidewalk Where I Fell Was Repaired the Day After I Fell and Broke My Leg; Does the Property Owner’s Fixing of The Sidewalk Prove that They Were Negligent in Causing My Fall? Is that A Case?

While common sense would suggest that if the property owner repaired the sidewalk the day after someone fell, then that would be proof of negligence; however, the evidence laws in Florida, pasted below in 90.407, specifically does not allow the repair to be used as proof of negligence. The idea of the evidence rule obviously is to encourage property owners to repair any defects and not to discourage the repair for fear of it being used against them in litigation. This rule does not mean that, in the specific case, there was no negligence it just means that the negligence must be proved another way. In the question presented, there are not a lot of facts to figure out the fault issue. Was the sidewalk cracked? Was the sidewalk uneven? Remember that comparative fault also plays a factor here, so there are other questions that will play into the fault issue, like: Was it day or night when the fall happened? Was the sidewalk lit? Why didn’t the injured person see the defect in the sidewalk? where was the injured person looking?

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I Was Driving on Federal Highway and Someone Pulling out Of a Side Street that Had a Stop Sign Hit the Side of My Car and I Was Hurt; Is that A Case? Who Fixes My Car? Can I Recover Monies for My Injuries?

Generally, if you are on a road with the right of way and a car pulls out and hits the side of your car, then that would generally be a strong case of fault against the car pulling out. There could be other factors that impact this decision but in general that would be the case. If the car is damaged and fault is determined against the car pulling out, then the insurance of the car pulling out would fix the car. If you sustain injuries in such a crash, you may be entitled to monies for your injuries but the value of the case would be dependent on the injuries sustained.

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I Live Alone and Do Not Own a Car; I Was Injured in An Accident as A Passenger in My Friend’s Car and Her Insurance Keeps Calling Me for A Statement; Do I Have to Give Them a Statement?

Generally, in Florida, to figure out which insurance company pays your medical bills, we ask: 1) do you own a car? if so, then that car insurance pays for your medical bills following an accident regardless of whether you were in your car or not (and generally Florida PIP pays 80 percent of the medical bills to $10,000); 2) if not, then do you live with a relative that owns a car? if so, then that car insurance pays for your medical bills following an accident regardless of whether you were in your car or not; and 3) what happens if you don’t own a car nor live with a relative that owns a car? Generally, the car that you are in has to grant you PIP coverage and that car’s insurance will pay your medical bills.

In terms of giving a statement, you generally are only required to give a statement to your own company OR a company to which you are seeking first party benefits, like PIP benefits. Thus, you would generally be required to give your friend’s insurance a statement in that scenario. However, you are allowed to have a lawyer for that so that your lawyer can prepare you for it and object to the extent that any improper questions are asked.

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I Was Stopped at A Red Light and Someone Crashed Me from Behind Because They Were Texting; Who Is Going to Fix My Car? Is that A Case?

Generally, the car from behind is at fault and under Florida law there is a presumption of liability against the car in the back in a rear end collision (although this may be rebutted). In the facts presented if one car is stopped at a red light and the other car crashes in the rear due to texting, this would be pretty clear fault against the texting driver in the back, generally. Thus, the car insurance of the car in the back should generally fix the car of the person in the front. If the person in the front is injured, they may have an injury case against the car that rear ended them, generally.

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I Fell at A Store and They Have Been Paying My Medical Bills; Why Would They Do That? Does This Mean that They Are Agreeing to Fault and Will Pay All of My Medical Bills, Lost Wages, and Pain and Suffering?

At some business establishments in Florida, they have commercial insurance that includes medical payment coverage. This medical payment coverage generally pays for medical bills, related to an injury on the property, regardless of fault, although usually these bills need to be presented and incurred within 1 year of the accident. The medical payment coverage usually is up to a certain small amount, like $500, $1,000, $2,500 or $5,000 being the most common amount. Occasionally, the law firm will see medical payment coverage higher than $5,000. Thus, while you may believe the insurance company for the business establishment are acting nice but in reality, their own policy may require payment of those bills, up to the medical payment coverage amount, so this is the reason they are paying. it is also possible that they are paying in the hopes that you not pursue any other type of claim, like one for pain and suffering. It is important to note that the business establishment or their insurance company is not admitting liability or fault by paying medical bills pursuant to the medical payment coverage or otherwise, as below is posted Florida evidence code statute 90.409 which basically states that payment of medical bills cannot be used as proof of negligence. Thus, generally in Florida, an insurance company may pay your medical bills (pursuant to a medical payment provision or by claim strategy) and that is not proof or cannot be used as proof of fault in the case.

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Do I Have to Repay My Health Insurance Company from My Personal Injury Settlement for The Monies They Paid for Some of My Medical Treatment when I Was in An Accident?

Generally, there are provisions in one’s health insurance policy that do in fact require reimbursement to health insurance when some of the bills from an injury case (whether it is an automobile accident case or some other form of liability case). Thus, you have to read the health insurance contract and any applicable federal or state laws to figure out whether the health insurance is entitled to subrogation. There is a Florida Statute dealing with reimbursement of health insurance policy payments; however, if a policy is governed by federal laws (like the ERISA laws, for example), then it is possible that the Florida laws are preempted by the federal law and thus the federal laws control. They key is that in a situation where health insurance has paid for some medical bills, you cannot just seek pain and suffering but instead you must seek to get those bills paid and then you have to reimburse the health insurance if the governing contract and applicable laws require same. Generally, under State and Federal laws, the health insurance laws have to send you a copy of the applicable part of the contract which shows their right to reimbursement and list out what has been paid and so forth. In sum, in most cases, based on the policy language and federal and state laws, the health insurance company is entitled to reimbursement for medical bills related to that accident that they pay. Again, this would be based on the health insurance policy or contract and based on any governing state or federal laws.

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I Was in A Car Accident and Tore My Knee Meniscus when My Knees Hit the Dashboard; Is that A Case?

The short answer is that the above facts very well may be a case, if there is someone else at fault who caused the accident but there are many other issues that must be looked into like insurance coverage. Obviously, to have an injury case, there must be someone else at fault. If you crash into a tree and you injure you knee, you likely will be at fault and there will be no one to make a case against. Assuming that another car or the driver of the car that you are in causes the accident, then you generally would be able to make a case against that person and sue for your injuries. Knee injuries are common in car accidents and knee injuries stemming from knees hitting the dashboard are common ways that these injuries happen.

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Who Pays for My Medical Bills Following a Car Accident in Florida?

Generally, under Florida law, all vehicles are required to have Personal Injury Protection (PIP) and this PIP coverage pays your medical bills (80 percent to $10,000; also it pays 60 percent of proven lost wages within the same $10,000) when you are involved in an accident. It is called “no fault” coverage as it pays when you are at fault, when the other car is at fault or when there is a dispute as to who is at fault. In the vast majority of cases here in Florida PIP coverage will apply. There are some exceptions, like on municipal buses and taxi cabs which are not required to have PIP and there could be many other exceptions like on out of state vehicles which are not necessarily governed by Florida law and may not have Florida PIP coverage. Even if you have health insurance, PIP is primary coverage which means it will pay your medical bills first and often times health insurance will deny payment of medical bills related to a car accident when they realize that Florida PIP is primary. The idea of the law was to make sure that people had access to medical treatment following a car accident, the legislators obviously being concerned about those who don’t have health insurance, although the law applies to everyone the same.

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I fell at a supermarket (Publix, Winn Dixie, Albertson’s, Whole Foods, Trader Joe’s, Aldi’s, Sedanos, Presidente, Fresh Market, Costco, Doris Market, BJ’s, Sam’s Club, Albertson’s, Walmart, Target, etc.) and now need neck surgery; is that a case? how much is a case like that worth?

There are several issues in this question. As we have spoken about on this blog before, generally, solely because you fall at a business establishment like a supermarket does not mean necessarily that you are entitled to any money UNLESS you can show the supermarket is at fault. Here there is no reference to how the fall took place or whether the supermarket had anything to do with the fall. For example, if the person tripped on their own shoe laces (in other words, the supermarket did nothing wrong), then generally there would be no negligence against the store and no case. IF there was a leaky cooler that was an ongoing problem, then there would be a much stronger case against the store.

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An 18 wheeler truck hit me from behind, causing me to go to the hospital and need surgery; do I have a case?

In the fact pattern above, the 18 wheeler hit the car from behind. Generally, in Florida, there is a presumption of liability that the car from behind is at fault in a rear end collision. As there is nothing else mentioned in this regard, it would appear that fault is clear. The fact pattern also references that the accident caused the person to go to the hospital and need surgery. Thus, there appear to be damages and causation. Now, obviously there could be many other facts to the case that would impact the result but this would, from a brief review, appear to be a case against the driver of the 18 wheeler truck.

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I had a lawyer and resolved my case (car accident, slip and fall, etc.) by settlement but now I need surgery; do I have a case to get additional monies now that I need surgery?

The concept of a settlement is that all issues between the parties are resolved. From the perspective of the defendant (at fault person), they want to be sure that after the monies are paid that nothing further can happen legally. This is generally accomplished though settlement papers but specifically a release. A release is an agreement between parties that for a sum of money that the case is over and that, even if new facts develop like additional injuries, etc., a lawsuit cannot be had by the plaintiff (injured person) after the signing of the release and acceptance of the monies. Thus, as the fact pattern above suggests, if the injured person signs a release and accepts a sum of money, then generally you cannot seek more monies. If the injured person were to sue the at fault person, then it would be expected for the at fault person to move to dismiss the case based on accord and satisfaction, in other words based on the release agreement. There are some exceptions, like if the release agreement were obtained through fraud or something to that effect but generally speaking once the release is signed, the case is over.

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I was injured in an accident and the car that caused the accident fled the scene and the police could not find them (hit and run); is this a case? how much is a case like that worth?

So to answer the questions above, if the injured person has UM/UIM insurance (and it could be by the injured person having their own car insurance with it, by the car you are in having UM insurance, or possibly if someone who you live with and are related to has UM coverage), then you may have a case. In terms of what a case like that would be worth, it would be based on the injuries and actual monetary value would be based on many factors, like medical bills, diagnostic tests, injury, etc.

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I fell at the supermarket (Am I entitled to money if I fell on a slippery substance at the supermarket (Publix, Winn Dixie, Albertson’s, Whole Foods, Trader Joe’s, Aldi’s, Sedanos, Presidente, Target, Walmart, Fresh Market, Costco, Doris Market, BJ’s, Sam’s Club)) but I was NOT injured?) because there was water on the floor from a leaky cooler and now i need knee surgery; is that a case? what are my rights? how much money is a case like that worth?

In general, an accident case has three elements: liability (fault), damages, and causation and this question really involves all three elements. Generally, a leaky cooler in a supermarket would generally involve a pretty strong fact pattern for liability. There would also be, as in most fall cases, an issue of comparative fault; in other words, the supermarket will likely argue that the client should have seen the water on the floor and bears some responsibility. If the injury resulted in knee surgery, it would also be expected for the supermarket to contest causation by suggesting that something other than the fall caused the knee injury. Thus, prior records of the client would be subpoenaed to see if there ever was issue with the knee. Damages in a case like this could vary significantly. Did the client need meniscus surgery versus ACL surgery or something else. ACL surgery would generally be considered much more involved surgery and recovery. How much are the medical bills? Does the client have health insurance where the bills were reduced by contract? Did the client miss work as a result and how much money did the client lose from not being able to work during recovery? It is difficult to say how much any case is worth without knowing all of the facts. From a court perspective, the plaintiff could ask for the past medical bills (which could vary significantly), future medical bills, lost wages (which again could vary significantly based on how much work missed and the person’s earnings) and pain and suffering (this also could vary from person to person and from jury to jury; things like how old someone is could affect a pain and suffering award, based on mortality tables as well as how someone copes with an injury and many, many other factors).

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I was hit as a pedestrian (as i was walking) by a car; what are my rights?

Second, you may be entitled to any unpaid medical bills and lost wages (the unpaid 20 percent of medical and the unpaid 40 percent of wages plus any amount that goes over and above the $10,000 pip benefits) plus pain and suffering if you make certain proof requirements BUT this is based on a fault system. Thus, if the car is at fault, then you may have the ability to claim money for your injuries, in other words for the pain and suffering with certain proof requirements and the unpaid medical and wages.

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A couple of weeks ago I saw the doctor from my own insurance company requested me to see, now they are saying they wont pay for more chiropractic care, what does this mean? Can I continue seeing my chiropractor as it is helping me with my pain?

One option in this scenario is for a PIP suit to be filed against the insurance company seeking the benefits to be reinstated. This is most commonly done by the doctor filing such a suit. If reinstated, then the insurance company would generally be required to pay for such treatment, so long as the treatment is reasonable and necessary and related to the accident. These lawsuits do take some time and generally the patient would continue care while that lawsuit is pending. The patient would also have the option to simply pay for the chiropractic care, to pay for the care from their settlement later if such an agreement can be reached with the doctor, or possibly if the patient has health insurance with chiropractic benefits, then those bills could be paid through health insurance.

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I was in a car accident and I went to a chiropractor; my own insurance company had me see their chiropractor doctor who said I dont need anymore chiropractic care; I am concerned about the bills; can I go see a medical doctor? Or does the chiropractor cut off apply to me treating with a medical doctor?

In sum, when your insurance company sends you to their doctor, that doctor may discontinue your treatment. This can be challenged by what is called a “PIP suit” where your treating doctor sues your insurance company to have the benefits reinstated. However, generally under Florida law, an insurance company’s doctor can only discontinue benefits from the Chapter of physicians to which he has a specialty; thus, a chiropractor cutoff by the insurance company only affects future chiropractic treatment and NOT future medical treatment.

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I was in a car accident and I just received something from my own insurance company (an “Independent Medical Exam” or IME) saying to go to their doctor; what is this for? Do I have to go?

Generally, under Florida law and pursuant to a Florida automobile insurance policy, you are required to cooperate with your insurance company. This blog has discussed an insured’s obligation to cooperate in terms of giving a statement to your own car insurance company following an accident (as distinguished often from giving the other insurance company whose driver caused the accident a statement). This cooperation also generally includes going to see your insurance company’s physician for an exam. The insurance companies commonly refer to them as an “Independent Medical Exam” or an IME although the more appropriate term would be a “Compulsory Medical Exam” or CME, as the doctors can be considered more on the side of the insurance company who is paying for the exam and thus perhaps not so “independent” and obviously these are required or “compulsory”. The idea of these IMEs or CMEs is that the insurance company wants a doctor to review the patients symptoms and the tests that have been done to see whether the treatment is related to the particular accident and further whether the treatment is reasonable and necessary. In the PIP setting, the only issues for the insurance company are the medical bills and treatment (primarily) and any lost wages (less so but if someone is making a wage claim in the car accident, then they would be looking at this as well). In other words, pain and suffering is not an issue in the personal injury protection (PIP) IME or CME. It is important to not that seeing this doctor is not for treatment but instead so that your car insurance company who is paying the medical bills can determine if the past treatment is related to the accident, whether the treatment is reasonable and necessary and whether further care is required.

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I was on a motorcycle and was hit by a car that ran the red light; who pays for my medical bills as I do not have any health insurance? Do I have a case?

Generally, one’s rights on a motorcycle accident are similar to one’s rights when in a car. If a car is at fault and causes someone on a motorcycle to be injured, then the injured person on the motorcycle may have a claim/case against the car and/or the car’s insurance company. While in a car accident PIP generally applies, in a motorcycle, usually PIP coverage does not apply. Thus, all of the medical bills are due and owing. If you have health insurance, then the health insurance could be used to pay the bills as well. Oftentimes, in a motorcycle accident, since the person is subject to the road and no protection like a seatbelt, there can be significant injuries. You may be entitled to compensation for those injuries if you were on a motorcycle and a vehicle is the cause of an accident.

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I have sickle cell anemia and, as a result of an accident that was not my fault, I have begun to have more crisis than I usually do and my doctor thinks that this is because of the pain from the accident; is that a case?

Sickle cell anemia is an inherited blood disorder. As a result of this disorder, people have a sickle cell “crisis,” which results in many problems including pain in and around the body. Here, if a doctor believes, and it can be proven within a reasonable degree of medical probability under Florida law, that someone is having additional sickle cell crisis as a result of the trauma from a car accident or from another injury stemming from a car accident, then this could result in a case against the at fault vehicle. This question involves one of the key elements in any injury case, causation. It would have to be proven that the additional crisis after the car accident were CAUSED from the accident. This would obviously take expert testimony from the treating doctors. And this is something that clearly could be disputed by the at fault car or their insurance company and lawyers.

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Why am I being offered less money than my friend who was in the car for the exact same car accident?

Any injury case has four primary elements – 1) liability; 2) damages and 3) causation. You must prove all three elements to win a case. The above question involves damages. While generally the liability in a case will be the same as between two people that are in a car (regardless of whether they are drivers or passengers), the damages could be significantly different. First of all, if there is a side impact, the person on the side where the impact was located could sustain completely different injuries than someone on the other side of the car. Further, someone’s age and someone’s ability to withstand an impact based on body weight, how in shape they are and other factors could make one person much more injured as opposed to someone else, even if for the same accident.

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I was in a car accident that was another car’s fault and from the impact the seatbelt caused my breast implant to rupture; is this a case?

Car accidents can cause all types of injuries. While a seat belt generally prevents injury, sometimes the seat belt results in injuries, from the impact. OF course, the seat belt in the same accident where it causes one injury very well may be preventing a more catastrophic injury. A common example of injuries caused by seat belts are shoulder injuries. Another example is an injury to someone’s chest or as described here in a breast implant rupturing. In such a case, you very well may be required to have surgery and such surgery could result in significant scarring or some other form of injury where you may be entitled to damages. If there was proof that the accident caused implant to rupture, then a case could be made to recover those medical bills and and resulting pain and suffering.

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Who pays for my lost wages after a fall, where it was the fault of the business establishment?

When you fall AND it is the fault of the business establishment, you may be entitled to your damages. Damages would include medical bills, past and future, pain and suffering, past and future, and lost wages, past and future. In such a case, you would be able to ask the jury (or ask the insurance company for the business establishment) for your lost wages. It is rare that they will pay those lost wages while your case is pending but certainly that would be part of a claim against the insurance and it would be something that could be asked for in court.

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I was in a car accident that was caused by the other car and now my jaw hurts; can a car accident cause jaw pain? can this be a case?

A common injury that we see at Drucker Law Offices is a jaw or Temporomandibular joint (TMJ) injury. The TMJ is the joint that connects the mandible to the skull. In an accident, people can clench down on their jaw and damage their teeth or their jaw or TMJ. Obviously, a doctor or dentist would be required to connect the dots in terms of the jaw or TMJ injury to be related to an accident and if so these sorts of injuries can result in a case. These sorts of injuries can cause a lot of pain. At Drucker Law Offices, we help clients who are injured in any type of accident where someone else was at fault. We help in all types of injuries, including teeth injuries, jaw pain, and TMJ disorders.

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I was hit by an 18 wheeler truck and was injured; what are my rights?

Truck accidents commonly result in larger accidents. Also, trucks, particularly larger trucks, commonly have large insurance policies. Assuming you are hit in your car, then your PIP coverage generally would apply. The PIP coverage, as discussed in prior blog entries, generally pays 80 percent of your medical expenses and 60 percent of any lost wages, to a total of $10,000.00. This allows a person, even if they do not have health insurance, to be able to treat and get better. Further, you may be entitled to non-economic damages, like loss of the enjoyment of life or pain and suffering, if you can show certain proof.

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I was in a car accident a few years ago and injured my neck and now I was in another accident and aggravated my neck; is that a case in Florida?

The answer here is generally yes, you can have a case for an aggravation of a prior injury in Florida. In fact, sometimes it is easier to prove an injury that is aggravated, as the doctors will have a “baseline” to compare your current injuries to and thus make it easier to casually relate your current injuries to the subject accident. The key is to be honest with your doctors in explaining that you had a prior accident and to bring any records or diagnostic tests, like MRIs with you so that your current doctors can compare the injuries reported in this accident to the injured reported in your prior accident (or just to your prior records if your prior injury was not related to a prior accident). The mistake that people make in Florida is to not be forthright with their doctors and then in a court setting it looks like you were not telling the truth and that can be very bad for an injury case.

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I was in a car accident where the other car was at fault, was injured and was treating with a doctor; a month later, I was in another accident where the other car it at fault and now my neck injury is worse; can I make a claim in the second accident?

Here is today’s topic from the accident lawyer from Boca Raton (injury lawyer Miami, accident attorney Coconut Grove, injury attorney South Miami, accident lawyer Coral Gables, injury attorney Cutler Ridge, accident lawyer Perrine, injury lawyer Homestead, accident attorney Kendall). Generally, to prove an injury case, you have to show liability, damages and causation. Here, the […]

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Who pays my lost wages after a car accident?

Generally, in Florida, Personal Injury Protection (PIP) coverage pays for 80 percent of medical expenses and 60 percent of wages. First, it must be determined who the proper PIP insurer is for the subject accident. Then you must submit certain proof of wages. Generally, you must submit a wage verification form from your employer. This will show what you earned for the last 13 week plus it will advise what days you have missed from work since the accident. Second, you need a disability note from your treating physician. The disability note basically states that you missed work due to the accident. Once these are submitted, you should receive 60 percent of the proven lost wages.

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My boss sent me to the store and I was injured, as the store had a leak in roof and I fell; who pays my medical bills? Can I sue the store?

Generally, when you are injured at work, workers’ compensation will apply. Workers’ compensation will pay your medical bill, in the past and in the future, plus it will pay you 2/3 of the time that you missed from work. By receiving workers’ compensation benefits, your sole remedy against your employer is for those benefits. In other words, you cannot ALSO generally sue your employer in personal injury outside of workers’ compensation. However, when you are injured by someone who is not your employer (a third party), then you can make a claim against that person. In the case described above, you may be able to make a claim for your injuries against the store. You would be able to recover for your medical expense (which would have to be repaid to worker’s compensation), ALL of your lost wages (2/3 of which would have to be repaid to workers’ compensation, PLUS pain and suffering.

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If I said that I had green light and other car says he had green light and we hit in the middle; who is at fault?

A common accident is one just like described above…a “he said, she said” scenario. One car says that it had the green light and the other car says the same thing. Assuming the light was working properly (which generally would be the case), only one person could be correct. In this scenario, the police will obviously look for any witnesses. If a witness sees that one car had the green light, then that car would have a very good chance at winning the case. If there are no witnesses (generally, passengers in the car would not be considered neutral witnesses, although they could testify in court and the jury would just have to weigh their testimony accordingly), then a jury would have to listen to the drivers in order to render a verdict. There is no easy answer in the scenario where there are no witnesses.

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I was a passenger in a car with my friend who is at fault and I was injured: is that a case?

There is one exception that is worth mentioning. If you live with and are related (by blood or marriage) to the driver of the car you are in, that could preclude an insurance claim against the driver’s insurance, as there is a common exclusion against making a claim against a resident relative (in other words, if you live with your brother who causes an accident where you are a passenger, a claim for bodily injury against his policy very well may be excluded). In some policies, there are exclusions for situations where you are solely a relative or solely because you live with them. Thus, it is important to read the insurance policy to see exactly how the exclusion is worded.

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I was in a car accident and my own car insurance keeps calling me and asking for a statement; am I required to give them a statement?

Please accept this question and response from the accident lawyer in Boca Raton (injury attorney West Kendall, Florida, accident lawyer Downtown Miami, injury lawyer Doral, accident attorney Aventura, accident lawyer North Miami, injury lawyer North Bay Village, accident attorney Keystone Point, injury lawyer Hialeah, accident lawyer Opa Locka). Generally, in Florida, a car insurance policy […]

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Who pays for my medical bills after I fall, when it was the fault of the business establishment (or the grocery store, or the mall, or a restaurant, etc.)(Publix, Winn Dixie, Albertson’s, Whole Foods, Trader Joe’s, Aldi’s, etc.) where I fell?

So if someone did not have any form of health insurance, then any medical bills that stem from the injury could be presented in an injury claim or lawsuit against the business establishment or its insurance company. If the person has health insurance and the medical bills were presented to the health insurance, then generally the injured person would have to seek to collect all the paid medical bills, both what the health insurance paid plus any copays or deductible, and then the health insurance company would be entitled to the return of the monies it paid out of any settlement or verdict.

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What type of doctor should I go to after I fall at a business establishment when I am not at fault and have back pain? knee or shoulder pain? head injury?

The next most common types of injuries are knee and shoulder injuries. Orthopedic surgeons with sports specialty are commonly the doctors that treat these injuries, although chiropractors treat these injuries as well as physical therapist (usually with a prescription from a medical doctor).

People with “head” injuries, headaches, loss of memory is another common injury. Here, people often treat with neurologist who specialize in post concussion type injuries and other “head” type injuries.

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Am I required to go to the hospital after a car accident in order to recover money?

Generally, in Florida, there is no requirement that you treat at the hospital following a car accident to be entitled to money. Clearly to recover money for injuries, you must show an injury. Further, in most car accident, pursuant to No-fault laws, generally you must also prove a “permanent injury” to be entitled to non-economic damages like pain and suffering. However, someone can suffer a significant injury that may have significant value and NOT go to the hospital and there certainly is not anything in the law requiring someone to go to the hospital following a car accident or other type of accident case.

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What is the importance of the insurance coverage of the person that caused the car accident where I was injured? Is there anything I can do to so that I can recover all of my damages in a car accident?

In all of these scenarios where there is or may not be enough insurance, there is always the option of suing the at fault owner and/or driver individually. In other words, you can sue them for monies over their insurance policy. The problem is that generally when people have small insurance policies, they are not worth suing individually and may be “judgement proof.” Judgement proof means that you can sue the person but the person would be able to file for bankruptcy and discharge the judgment debt or that even if not discharged that you could not collect the judgment against them. Hence, you hear the cliche’ of “you cannot get blood out of a stone.”

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I was in a car accident and now have missed two weeks of work; is there some way to get money for the time I missed from work?

Generally, when you are in a car accident in Florida, PIP laws apply and you should be able to apply for PIP benefits from your own car or possibly a resident relative or possibly from the car that you were in at the time of the loss. Generally, Personal injury Protection (PIP) pays for 80 percent of your medical bills and 60 percent of your wages up to a total of $10,000. Thus, if you supply your PIP insurance company with a wage verification form showing what you earned and the time missed from work plus providing them with a disability note from your treating physician, then you should be able to collect 60 percent of your wages for the time you missed from work. This would be the case if you were at fault for the accident or not, as in Florida we have no-fault system for this aspect of the case. If another person was at fault, you may have a claim to collect the 40 percent of the wages from the other person or their insurance as part of a injury settlement.

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I was on my bike and hit by a car who was deemed at fault; I am in pain but can’t see a doctor as I do not have health insurance; what are my rights?

We have spoken about personal injury protection insurance (PIP) in prior blog entries. The PIP laws generally apply to car accidents and car accidents has a pretty broad description under Florida law, and does generally include accidents when cars hit bicycles. When on a bicycle, the PIP that generally would apply is: 1) if the bicyclist owns a car, that car’s PIP would pay the medical bills; 1) if the bicyclist does not own a car, then if the bicyclist lives with a relative that owns a car, then that relative’s PIP insurance would pay the medical bills and 2) if the bicyclist did not own a car nor live with a relative that owns a car, then the car that hit them, their PIP coverage would pay the medical bills, regardless of whether the car was at fault or not.

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Does it make a difference if I go to Urgent Care Center versus the Emergency Room at a Hospital in an accident case?

In the question above my suggestion would be to go to the place that you would go to if there was not an injury CASE. Certainly, if someone had some catastrophic injury, they would go to the emergency room and not the urgent care center where the things available are not as much as a hospital. On the other hand, if the injury is such that there is not such a drastic injury and an urgent care center is the right plance, then that would be okay also from an injury case perrspective. If a jury believes that you acted reasonably with your treatment, then you likely would get a fair result as opposed to a situation where the jury thought you did not act reasonably or were exaggerating.

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My car went in for a tire rotation. As I was leaving the mechanic shop, one of my wheels fell off and I collided with another vehicle, causing injury to me and the other driver. Do I have a case against the mechanic shop?

Of course, every case is different and must be judged on the facts of each case. If you have been in an accident, please call Drucker Law Offices at 561-483-9199 or 954-755-2120 or 305-981-1561 for a free consultation. We only charge fees if we recover money for you.

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Can I be found partly at fault because I did not see the uneven sidewalk in my community and the accident took place in the middle of the day in sunlight?

At Drucker Law Offices, we help our clients prove their injury case, including slip and fall cases and essentially any injury case where you are injured as a result of the fault of another person or business establishment. If you would like a free consultation, please call us at (561) 483-9199; or (954) 755-2120; or (305) 981-1561. We only charge fees if we recover money for you. Our principal office is in Boca Raton and we have satellite offices in Miami, Coral Springs, Boynton Beach andWest Palm Beach.

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Should I give a statement to the insurance company for the car that caused an accident? Am I required to give a statement to them?

At Drucker law office, we offer a free consultation to all accident victims. We can help prepare you for a statement as well as all other aspects of an injury case. Please call Drucker Law Offices for a free consultation at (561) 483-9199 forPalm BeachCounty (Boca Raton Main office); (954) 755-2120 inBrowardCounty (Coral Springssatellite office); or (305) 981-1561 inMiami-DadeCounty (Miamisatellite office).

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I fell at the supermarket (Publix, Winn Dixie, Albertson’s, Whole Foods, Trader Joe’s, Aldi’s, Sedanos, Presidente, Fresh Market, Costco, Doris Market, BJ’s, Sam’s Club)) and broke my arm; is that a case?

At Drucker Law Offices, we help our clients prove their injury case, including all car accident, slip and fall cases and essentially any injury case where you are injured as a result of the fault of another person or business establishment. If you have been in an accident and would like a free consultation, please call us at 561-483-9199; or 954-755-2120; or 305-981-1561. We only charge fees if we recover money for you. We have our principal office inBoca Raton and satellite offices in Miami, Coral Springs, Boynton Beach and West Palm Beach.

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I was seriously injured in an accident as I ran a stop sign that I could not see because a tree had grown over the stop sign; is this a case?

Now, if the driver that did not see the stop sign lived in the area and regularly used that particular intersection, this case may not be a case. That is because while it could be argued that the failure to maintain the tree was the legal cause of the accident, perhaps the driver not remembering the stop sign was there would also be a cause of the accident. This points out that every case is different and has to be judged on the facts of the case.

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I was in a car accident that was the other car’s fault and told the police that I was not injured, even though i felt pain after I left the accident scene; if the police report says I was not injured, can i still sue the other driver?

Under the law, there are there primary elements of proof necessary to prove in a car accident. First is fault. Second is damage. This question primarily involves the third, causation. As we have discussed on previous blogs, there is a law that requires proof of “permanent injury” in order to recovery non-economic damages like pain and suffering and so forth, generally. The more time there is between an accident and treatment will open the door for the defense to argue that your injuries were not caused from the accident.

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I was on the highway and a car swerved lanes, causing an accident where I was injured, but the car continued and was never located; do I have a case?

Under Florida law, uninsured motorist coverage generally covers situations where the other driver does not have insurance, does not have enough insurance or hit and run scenarios, like the one described in the question above. Thus, if there is uninsured motorist coverage available to the person who was injured in this accident, there very well may be a case.

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I broke my nose when i fell in the gym; is that a case?

To answer the question, a fall at a gym very possibly could be an injury case but it is going to vary on whether the business where you fell is the legal cause of the accident and if ther are injuries. With a broken nose, if there are medical bills, pain and suffering, etc., then these typically would be examples of damages.

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I was walking on a sidewalk in a residential development and the sidewalk was uneven due to a tree growing nearby; is that a case?

Generally, a landowner has a duty to warn invitees of conditions that he or she knew about or should have known about. Clearly, an uneven sidewalk (where one part is lifted by three or four inches, by example, causing a tripping hazard) is a harzardous condition that should be remedied or some sort of sign to warn people on the sidewalk. Thus, this sort of situation very well may be a case of negligence on the part of the sidewalk owner or the entity that is to maintain the sidewalk.

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The insurance company for the other driver came to my house a few days after the accident and gave me a few hundred dollars but had me sign a release and now I have pain; can I sue them?

A technique that some insurance companies use is that shortly after an accident they go to people’s homes and offer them some amount of money for their injuries. In my opinion, the problem with accepting monies at this early stage is that the injured person often times does not know the extent of their injuries or what the cost of the treatment that they are undertaking will be. Thus, generally, it is a good idea to seek the consultation of an attorney that is familiar with injury cases prior to accepting such an offer from the insurance company.

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I got into a fender bender (small accident) and decided to exchange insurance information instead of calling the police. I woke the next day in immense pain. Is it to late too make a claim?

Further, in context of an accident case, while you may not think you are injured at the time, it will look poorly upon your injury case if the police are not called. While it will take time for the police to arrive and to write the reports, the chances of getting your car fixed by the other person and if you do end up with some sort of injury, it will make collecting monies for your injuries easier.

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I signed a release in my accident case but now I have more pain; can I sue them again?

When someone purchases bodily injury liability insurance, generally the insurance policy states (the policy must be read to see exactly what it states) that the insurance company will indemnify (this means to pay for) any judgment entered against their insured. Thus, when someone injures you in an accident, their insurance company is responsble to pay for any judgment entered in a court of law when you sue them for injuries in an accident, and up to the policy limits. A release agreement is a legal document that basically states that the case is over and that you cannot sue the person released in the agreement. Thus, when an insurance company settles a case, a condition of it is for you to sign a release and that release bars you from suing them. Generally, the release is in exchange for money. By signing the release, the insurance company satisfies its part of the contract of protecting their insured and indemnifying their policyholder of the bodily injury caused. It is the proverbial “nipping it in the bud” scenario, as the case never gets to judgment.

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Can I be found partly at fault for a fall because I did not see the water on the floor in the mall?

The issue in the question above deals with comparative fault. Under Florida law, if the jury finds that the defendant is at fault, they can also consider whether the plaintiff is at fault. This law applies to most all accident cases. In the question posed, if the jury would find the business establishment at fault where the injured person fell, they may also find the injured person at fault for not seeing the water on the floor. If the jury would make that factual finding that the business establishment was at fault AND the injured person is also partly at fault, then they woudl have to apportion the fault, in other words 50 percent, 50 percent or 70 percent, 30 percent and so forth.

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The person who hit me was driving a stolen car. Do I have a case?

If you had uninsured motorist coverage, then you would be able to make a claim against that coverage. Generally, uninsured motorist coverage would apply from the car you were in, from your own insurance, or even possibly from a family member that you lived with. If any of these options contained uninsured motorist coverage, you very likely would be able to make a claim against that and that would be the way to have a case, if you were injured in the accident.

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I fell at the supermarket (Publix, Winn Dixie, Albertson’s, Whole Foods, Trader Joe’s, Aldi’s, Sedanos, Presidente, Fresh Market, Costco, Doris Market, BJ’s, Sam’s Club)) and was injured because of a leaky cooler; is that a case and what am i entitled to?

If a jury were to determine that the supermarket was at fault, then you would be entitled to damages. Damages could include everything from medical bills (past and potentially future), lost wages (past and potentially future), and pain and suffering.

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Am I entitled to money for an accident if the other car was at fault BUT i was NOT INJURED?

Florida’s Motor Vehicle Act has some very important parts to it. One part requires people to have PIP or personal injury protection coverage. This coverage pays you own medical bills and wages when you are in an accident, regardless of whether you are at fault or not. It generally pays 80 percent of medical bills and 60 percent of wages. Another important part is that there is a limitation on recovery of non-economic damages, like pain and suffering. In order to recover pain and suffering, generally one must prove 1) death; 2) significant scarring; 3) permanent disfigurement or 4) a permanent injury. See section 627.737 (2) which is posted below.

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What is a letter of protection that my doctor wants me to sign after my accident?

The good thing about letters of protection is that for someone who does not have health insurance, the letter of protection allows them to treat for an accident where they otherwise may not have the ability to treat with that doctor or any doctor. Further, even if the client has health insurance, oftentimes the health insurance may have large co-pays or have such limited coverage that seeing the particular doctor may not be possible without the letter of protection.

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I was the car in front in a three car rear end collision; which car can i sue: the car behind me that actually hit me or the car in the back, that caused the whole accident?

Generally, three car rear end accidents can happen in two ways. In the first scenario, the car in the back hits the car in the middle which causes the car in the middle to hit the car in front. In the second scenario, the car in the middle hits the car in front and then the car in the back hits the car in the middle which causes the car in the middle to impact the car in front a second time. To distinguish these accidents, the police will generally ask the car in front how many impacts they feel. If they feel one impact, then we are dealing with first scenario and if they feel two impacts, then we are dealing with the second scenario.

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When is a slip and fall a slip and fall case? When you fall and are injured, is the property owner or business establishment automatically responsible?

Please accept today’s blog entry as a response to the above question from the accident lawyer and personal injury attorney at Drucker Law Offices. Obviously, a slip and fall case can happen in many different ways. There are basically three elements of any injury case: 1) liaiblity, 2) damages and 3) causation. For purposes of […]

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Am i required to see my family doctor or my primary care physician in order to have an personal injury case following a car accident?

Generally, I recommend that my clients seek a physician that specializes in accident cases and understands the proof necessary to win an accident case. In my experiences, many family physicians are not familiar with this proof requirements and thus this may not be the best alternative. Now, a primary care physcian by trade commonly refer people to specialist but in my experiences the specialists that the family doctor or primary care doctors refer to usually are not well versed in the necessary proof. For all of these reasons, i recommend that you seek to find physicians that handle accident case and are better suited to helping your prove your case. While some of these other physicians are qualified professional and very well may be excellent doctor, they may not be excellent for your case.

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I was injured in a car accident but i do not have health insurance; how can I get the hospital bills paid if I don’t have health insurance? how can I see a doctor if I don’t have health insurance after a car accident?

Under the Florida Motor vehicle act, generally all cars (there are certain exemptions…buses, taxi cabs, etc.) titled in Florida must have certain minimum insurance coverage. One coverage that is required is personal injury protection (PIP). PIP pays for your medical bills and wages when you are in an accident. It pays 80 percent of medical bills and 60 percent of wages up to a total of $10,000.00. PIP generally pays the medical bills of the insured (the person who owns the car) for any car accident they are in, whether in their car, another car, or even if they are hit by a car as a pedestrian or on a bicycle. Furhter, PIP pays for any resident relative’s medical bills (assuming the resident relative does not own a car) for an accident in whether in the relative’s car, another car, or even if they are hit by a car as a pedestrian or on a bicycle. Lastly, PIP pays for any passengers in the car when there is an accident and pays for any pedestrians or bicycle that are hit by the car, if that person does not own a car or live with a relative that owns a car.

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I hit a car from behind in a rear end collision but I hit him because it was nighttime and the other car’s brake lights were not working; who is at fault?

As discussed on this blog before, there is a presumption that in a rear end collision, the car from behind is at fault. However, this presumption is rebuttable by other evidence. There are also statutes requiring cars to have operable brake lights and to have operable headlights at night time. I post those statutes below. The obvious reason we are required to have operable brake lights is so that other cars can see you and to prevent accident. Here, we have the intersection of the rear end rule and the brake light rule.

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I fell at a supermarket (I fell at the supermarket (Publix, Winn Dixie, Albertson’s, Whole Foods, Trader Joe’s, Aldi’s, Sedanos, Presidente, Fresh Market, Costco, Doris Market, BJ’s, Sam’s Club)) because there was water on the floor from a leaky cooler and now i need knee surgery; is that a case? what are my rights? how much money is a case like that worth?) and was injured because another customer apparently spilled some liquid on the ground; is that a case?

First, it is important to understand that the store is not automatically repsonsible SOLELY because you fell and were injured. The law is clear in Florida that the injured person has the burden of proving fault and that the owner or occupier of property is not the guarantor of others’ safety.Second, Florida has recently enacted laws to deal with this exact situation. We have pasted section 768.0755 below. This law requires proof for a transitory foreign substances in a business establishment that the establishment had actual or constructive knowledge of the substance. Essentially, this means that if the business establishment does not know about it or if the substance was not there for enough time that they should have known about it, then a case would not exist and the injured person would not be compensated for their injured, even for medical bills for example.

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I was injured in a car accident while i was working and there is presently a worker’s compensation case pending; can i also hire a personal injury lawyer to sue the person that caused the accident?

Generally, in Florida most employers have workers’ compensation insurance. This insurance pays the medical bills and lost wages of people that are injured at work. It is a no-fault system, so in most instances there is a workers’ compensation case when someone is injured at work, and this would include when someone is injured in a car accident while they are working.

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Will my insurance premium go up if I make a claim for a car accident in Florida, even though it was not my fault?

Pursuant to 626.9541, a copy of parts of the statute we put below, this would appear to support the proposition that rates cannot be raised solely for being in an accident unless the insurance company, “unless the insurer’s file contains information from which the insurer in good faith determines that the insured was substantially at fault in the accident.” See 626.9541(1)(o)3.a.Further, it should be noted that per 626.9541(1)(o)(3)(c) that an insurance company may cancel a policy under which the insured has had three or more accidents, regardless of fault, during the most recent 3 year period.

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What should I do if I am offered money by the insurance company right after an accident

The easy answer here is that you may want to consider contacting a lawyer to find out what your rights are in the case! And you can call Drucker law offices for a free consultation at (561) 483-9199 or (954)755-2120 or (305) 981-1561.
What are the concerns with accepting the money and signing the paper. The paper they are going to ask you to sign in a release document. The release document will be releasing the other driver and the insurance company from any suit. Thus, if you are injured, you cannot sue them and you cannot recovery more money from them.

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Can I sue the owner of the car that hit me, even if he or she was not driving the car?

This obviously applies from two angles. From one of our clients who is injured where a car is owned by someone but driven by someone else, this may open a means to sue and collect money from BOTH the driver and the driver’s insurance but ALSO from the owner and the owner’s insurance. Obviously, if the car was stolen by a criminal, this doctrine would NOT apply. But assuming the driver had permission, either express or implied, then in most cases the doctrine would apply and the owner would also be responsible.

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Why is my settlement check from the lawyer and not from the insurance company?

Generally, when a case resolves, the settlement check is issued to the client, their spouse and to the law firm. We then have the client and the spouse sign/endorse the settlement check and then we deposit the check in our trust or escrow account. It is important to understand that an attorney trust account is an account where the lawyer must keep balanced and only use the client’s money per the client’s direction. Thus, before a client receives their portion of the settlement from the attorney or for any of the medical providers to be paid or for the lawyer to receive their fee, a closing statement is required to be signed by the client.

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Rules of the Road: what if one car failed to yield the right of way but the accident was caused in part by some other violation of a rule of the road

We all know that one rule of the road is that are to drive at the speed limit or below. Of course the speed limit could arguable be too fast if there are unusal conditions like heavy rain and so forth. The question becomes: what happens when both cars violate the rules of the road, like where one car fails to yield to another car but the other car is traveling well in excess of the speed limit. This is where, if the factfinder finds that both cars have violated the rules of the road and both violations were the legal cause of the accident, then both cars can be found at fault and the factfinder would have to apportion fault, i.e. 50 percent/50 percent, 70 percent/30 percent and so forth.

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Rules of the Road: using your headlights when it is dark, operable taillights and other matters – from the accident lawyer (Boca Raton, Delray, Deerfield Beach, Pompano, Coral Springs, Boynton Beach, Lake Worth, West Palm Beach, Fort Lauderdale, Miami)

The theme the last few weeks is the “rules of the road.” Obviously rules of the road are that we are to use our headlights at night time and that we should have taillights that work in the back of our vehicles. Below are the Florida Statutes that require driving to use their headlights and to have taillights that work.

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What does it mean that after a car accident you are “entitled to $10,000.00 in benefits?”

In Florida, most vehicles tagged here are required to have Personal Injury Protection (PIP insurance coverage) and that PIP insurance does provide $10,000.00 of benefits. There are certain exceptions: taxi cabs, municipal buses for example are not required to have PIP. The $10,000.00 of benefits are to pay for medical bills at 80 percent and wages at 60 percent as discussed in prior blog entries

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When Should I call an injury and accident lawyer after an accident? Should I hire someone right away, after an accident?

People call us at different stages. From time to time, someone calls us on the same day of a car accident or another type of injury case. In car accidents, it is more common to get calls earlier as people need to get their car fixed and the issue of needing a lawyer is more imminent. If someone is a passenger in an accident or has been injured in some other type of accident (slip and fall, trip and fall, and so forth), the immediacy of needing a lawyer is not so much and we see calls a week later, a month later and sometimes a year or two later.

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My son or daughter was injured in an accident – What should I do as the parent? Can I settle my child’s injury case?

If the gross amount of the settlement is above $15,000 and up to $50,000, the court may appoint a disinterested expert (guardian ad litem) to review the settlement. The guardian ad litem generally charge a fee for this so that they can advise the court on whether the settlement is fair and so forth. When the gross amount of the settlement is greater than $50,000, then the court must appoint the disinterested expert/guardian ad litem to review the case.

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How can I afford to see a doctor or physician following an accident if I do not have health insurance?

In other accidents, if the client has a case against another person or business, like in a slip and fall or other injury case, the injured client may be able to see a doctor on a letter of protection basis. A letter of protection is a contract between the client and the physician or provider that the medical bills will be paid from the settlement in lieu of payment at the time of service or in lieu of health insurance. Thus, the client is able to treat an then the bills are paid from the settlement or verdict. Commonly, an injury lawyer can refer or recommend their clients to qualified physicians who will treat the client on this letter of protection, so that the client can treat even though they do not have health insurance.

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When should I call an accident lawyer after i slip and fall or trip and fall at a store? Should I call the police? Should I have an accident report written?

In terms of calling a lawyer, it is adviseable to call a lawyer right away. Our law firm offers a free consultation, so it is easy enough to get a opinion about your trip and fall or slip and fall case. The lawyer can advise you about the next necessary steps to take, can advise you about when you are required to give a statement to the insurance company for the place where you fell, can advise you about good reputable physicians in the area where you live that you can treat with, can advise you about presenting a claim to the insurance company, and ultimately can advise you about whether a lawsuit needs to be filed in your case.

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Should I call the Police after I get into a minor collision or a moderate car accident?

I highly recommend, particularly if you are not at fault, calling the police after a minor collision or a moderate accident. In more significant accidents, other people will call the police or it will just be abundantly obvious that the police should be called as the cars need to be towed and so forth. What I have seen a lot this year for some reason, is that my client gets into a smaller type accident and the other person begs for the client not to call the police. The client agrees to this and sometimes phone numbers are exchanged and/or insurance information exchanged.

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What is a release? Is it a smart idea to sign a release with the other insurance company shortly after an accident?

When someone purchases bodily injury liability insurance, generally the insurance policy states (you must read policy to see exactly what it states) that the insurance company will indemnify (pay for) any judgment entered against their insured. Thus, when someone injures you in an accident, their insurance company is responsble to pay for any judgment entered in a court of law when you sue them for injuries in an accident. A release agreement basically states that the case is over and that you cannot sue the other driver. Thus, when an insurance company settles a case, a condition of it is for you to sign a release and that release bars you from suring them. This is obviously in exchange for money. By signing the release, the insurance company satisfies its contractual obligation of indemnifying their driver against a judgment. It is the proverbial “nipping it in the bud” scenario.

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Why don’t I have a “case” if the other person was at fault but does not have bodily injury liaiblity insurance and if i do not uninsured motorist coverage?

As spoken about, if someone purchases the minimum insurance required by Florida law, they would only purchase personal injury protection or PIP coverage which pays for their medical bills and wages and property damage liability which pays for the other person’s car when they are at fault. Bodily injury liaiblity, which is the insurance that pays for the other person’s injuries, generally is not required. Thus, when you are in an accident where the other driver who is at fault purchases the minimum coverage, they will not have bodily injury insurance to pay for your injuries.

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CAUSATION – PART FOUR – A SUMMARY OF THE FIRST THREE BLOGS

As discussed, causation is one of the elements that must be proved in an automobile accident case here in Palm Beach County (or in Broward County or in Miami-Dade County). The accident lawyer at Drucker Law offices advises that all elements must be proved in an car accident case as well as any other injury […]

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Causation issues – (general causation issues and property damages in car accidents and other signs in fall cases) Part one of the series of blog entries by injury lawyer from Boca Raton (accident lawyer from Lauderhill, injury attorney Fort Lauderdale)

Causation is the element of an injury case where  the injured person must prove that the defendant’s negligence caused the injury the defendant is suffering.  Said another way, the plaintiff must show that the actions of another party caused his or her injuries and damages. Generally, there are three elements that are needed to prove […]

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What are a driver’s rights in an accident – both the at fault driver and the driver who is not at fault

In Florida, PIP pays for 80 percent of medical bills and 60 percent of lost wages to a total of $10,000.00, without regard for fault. Therefore, Mary and Joseph’s rights in terms of the PIP coverage are the same in that 80 percent of their medical bills and 60 percent of the time they missed from work will be the same. However, Mary will have a claim against Joseph for the 20 percent out of pocket expenses and the 40 percent wages. Joseph will not be able to make that claim against Mary or her insurance company. If Joseph has health insurance, he can seek to have unpaid medical bills paid through his health insurance. If joseph has some for of short term disability insurance like sick leave, then he can get additional monies from that source.

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How do you get liability insurance information when you are injured in an accident in Florida

Basically, Florida Statute 627.4137 requires disclosure of an insurance policy as well as disclosure of other information regarding the insurance policy. The law requires disclosure of this information from the insurer, the insurance agent or the insured within 30 days of request.

Commonly, in car accident cases, clients come in with the accident report and that accident report would list the insurance companies and policies. In other types of cases, however, there is little to no information regarding the insurance. For example, when someone slips and falls at a property, it is not possible, other than requesting the policy from the property owner or the property management company, to get that insurance information. Similarly, when someone is injured at a neighbor’s house, this statute is used to request the insurance policy of the homeowner.

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How do medical bills get paid in a car accident case?

Generally, in a car accident case, medical bills are paid through the appropriate automobile insurance carrier. As discussed in the last blog entry, in a Florida car accident, your own car insurance generally pays your medical bills, regardless of fault and regardless of whether you are in your car, another car or even if you are hit by a motor vehicle as a pedestrian or on a bicycle.

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Rear End Collisions – who is at fault from the accident attorney office

In Florida, there is a presumption that in a two car read end collision, the car from behind is at fault. This means that the jury should presume the car from behind is at fault unless there is other evidence that rebuts the presumption. There are several ways to rebut the presumption; for example, if the car in front comes to an abrupt and sudden stop, without purpose, this could rebut the presumption.

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Comparative fault in a Premises Liability Case – A Boca Raton, Coral Springs, Deerfield Beach, Pompano Beach, and Fort Lauderdale injury lawyer perspective

This article discusses, from an injury lawyer perspective, the legal issue of comparative fault, which is when a jury finds some negligence on the injured person by means of a percentage and then the award against the person who is being sued reduced by that percentage. First of course, the jury would have to find fault against the person who is being sued and then this would be the second factual determination of finding fault against the injured person.

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do you win case solely because you fall – Accident lawyer discussion

Slip and Fall accidents happpen in people homes, in local businesses, in strip malls business, in retail mall outlets and essentially at any property.  The accident attorney can help when someone is injured in a fall where there is liablity against the landowner/land occupier.  This injury lawyer handles cases in Boca Raton, Florida, Delray, Boynton […]

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Have You Been Injured as A Pedestrian Crossing the Street?

Have you been injured as a pedestrian crossing the street?  Are you looking for a pedestrian injury lawyer that will give you the personal attention that your case deserves?  If so, you have found the right law firm.  Drucker Law Offices is focused on giving its clients personal attention and that is the basis of […]

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Ship & Boating Accidents

Have you been injured in a ship or boating accident?  Are you looking for a boat accident lawyer that will give you the personal attention that your case deserves?  If so, you have found the right law firm.  Drucker Law Offices is focused on giving its clients personal attention and that is the basis of […]

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Vehicle Rollover & Tire Defects

Unfortunately, rollover accidents have become all too common. Attorney Gary Drucker will fight for you if you or a loved one suffered as a result of a vehicle rollover. Apart from vehicle rollovers, another contributing factor to fatal motor vehicle accidents involves defective tires. Manufacturing defects such as poor adhesion and unsanitary manufacturing facilities can […]

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Have You Been Injured on A Construction Site? 

Have you been injured on a construction site?  Are you looking for a construction site accident attorney that will give you the personal attention that your case deserves?  If so, you have found the right law firm.  Drucker Law Offices is focused on giving its clients personal attention and that is the basis of the […]

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Work-place Accidents

Have you been injured by a workplace accident?  Are you looking for a workplace injury lawyer that will give you the personal attention that your case deserves?  If so, you have found the right law firm.  Drucker Law Offices is focused on giving its clients personal attention and that is the basis of the motto: […]

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Have You Been Injured in a Bicycle Accident?

Have you been injured in a bicycle accident?  Are you looking for a bicycle injury lawyer that will give you the personal attention that your case deserves?  If so, you have found the right law firm.  Drucker Law Offices is focused on giving its clients personal attention and that is the basis of the motto: […]

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Product Liability Cases

Have you been injured by a defective product?  Are you looking for a defective products lawyer that will give you the personal attention that your case deserves?  If so, you have found the right law firm.  Drucker Law Offices is focused on giving its clients personal attention and that is the basis of the motto: […]

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Has Your Family Been Affected by A Wrongful Death?

Has your family been affected by a wrongful death?  Are you looking for a wrongful death attorney that will give you the personal attention that your case deserves?  If so, you have found the right law firm.  Drucker Law Offices is focused on giving its clients personal attention and that is the basis of the […]

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Premises Liability – Slip and Fall, Trip and Fall Cases

Have you been injured in slip/fall or trip/fall accident?  Are you looking for a slip/fall injury lawyer that will give you the personal attention that your case deserves?  If so, you have found the right law firm.  Drucker Law Offices is focused on giving its clients personal attention and that is the basis of the […]

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Car Accidents, Motorcycle Accidents, Truck Accidents

Have you been injured in an car accident, motorcycle accident or truck accident?  Are you looking for a car accident lawyer that will give you the personal attention that your case deserves?  If so, you have found the right law firm.  Drucker Law Offices is focused on giving its clients personal attention and that is […]

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